Delhi High Court Directs AIIMS to Form Medical Board for Unnao Convict Jaideep Senger
The Delhi High Court has issued a significant directive, ordering the All India Institute of Medical Sciences (AIIMS) to establish a specialized medical board. This board is tasked with conducting a thorough examination of Jaideep Singh Senger, a convict serving a 10-year sentence in the high-profile Unnao custodial death case. Senger has filed a plea seeking the suspension of his sentence based on serious medical grounds, alleging he suffers from life-threatening conditions.
Court Mandates Comprehensive Medical Evaluation at AIIMS
In a decisive move, the court has ordered that Senger be transported to AIIMS on Thursday for an exhaustive medical assessment. The High Court has specifically requested a detailed and objective medical report from AIIMS to verify Senger's claim that he is battling cancer. The medical board's responsibilities are clearly outlined and include:
- Confirming whether Senger is indeed suffering from cancer, as asserted in his legal plea.
- If cancer is confirmed, specifying the precise stage and nature of the ailment.
- Clarifying whether adequate and necessary treatment can be administered while he remains incarcerated in jail or through scheduled visits to a government hospital.
- Determining if specialized treatment exclusively available at AIIMS is medically imperative for his condition.
A division bench comprising Justices Navin Chawla and Ravinder Dudeja issued these directions on Tuesday, emphasizing the necessity of an independent medical assessment. The bench firmly stated, "In matters concerning suspension of sentence on medical grounds, the Court must be guided by reliable and objective medical opinion and documents." It further observed, "In the present case, this Court is of the view that an independent medical assessment by a duly constituted Medical Board is necessary to ascertain the current health condition of the applicant."
Background of the Case and Senger's Medical Claims
Jaideep Singh Senger, who surrendered to jail authorities following the High Court's earlier directives, is seeking interim bail on compelling medical grounds. His legal counsel, led by Senior Advocate Pramod Kumar Dubey along with advocates SPM Tripathi and Hemant Shah, presented a grave medical picture. They submitted that Senger is afflicted with serious, life-threatening conditions, including:
- Stage-IV oral cancer with a suspected recurrence.
- Osteoradionecrosis (ORN), a severe bone condition.
- Trismus, restricting jaw movement.
- Chronic infection of the jaw.
The counsel detailed that Senger had previously undergone surgery for oral cancer at AIIMS in October 2020 and has required continuous, specialized treatment since. They argued that such advanced medical care cannot be adequately provided within the confines of prison facilities, thereby justifying his plea for sentence suspension to access proper healthcare.
Court's Detailed Order and Next Steps
The court's order explicitly mandates the medical board to "conduct a comprehensive evaluation of Jaideep Singh Senger and submit a report on whether he is suffering from cancer or any other life-threatening disease, and if so, then at what stage?" Secondly, it must ascertain "whether the treatment, if any, can be adequately provided to him within the jail hospital or through escorted visits to government hospitals, or not?"
Additionally, the court has granted Senger the right to produce his prior medical history and records of treatment received at AIIMS to aid the board's assessment. This step ensures a holistic review of his medical journey and current health status.
This development underscores the judiciary's careful balancing act between enforcing legal sentences and upholding the fundamental right to healthcare, even for convicts. The AIIMS medical board's forthcoming report will be pivotal in determining the future course of action regarding Senger's incarceration and medical treatment.
