The Gujarat High Court, in a humanitarian decision, underscored the importance of health and life for undertrial prisoners by granting bail to a 69-year-old accused of murder, highlighting the critical interplay between justice and compassion. Justice Divyesh Joshi, presiding over the case, emphasized the court’s role in safeguarding the constitutional rights of individuals, particularly the right to health under Article 21 of the Constitution of India.
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The case involved Jafar Sadrudin Dargahwala, an elderly man incarcerated since September 15, 2022, who has been diagnosed with Rosai-Dorfman disease (RDD), a rare and serious health condition. This disease prompted numerous hospital visits across Gujarat and Mumbai, underscoring the severity of his condition and the inadequate medical facilities available within the prison system.
Justice Joshi articulated the stark reality faced by the petitioner, stating,
“The undertrial has a right to health under the right to life guaranteed by Article 21 of the Constitution of India and, therefore, in my opinion, this court as a Constitutional Court should exercise its prerogative writ to direct the release of the under-trial forthwith, in view of his health condition and advanced age.”
This statement reflects a profound understanding of the fundamental rights afforded to every citizen, regardless of their legal circumstances.
The judge further elaborated on the impracticality of continuing the petitioner’s incarceration given his deteriorating health and the lack of appropriate medical facilities within the nearby hospitals to treat his specific condition. The acknowledgment of these factors led to the decisive conclusion that the petitioner’s continued detention was not only inappropriate but also a potential violation of his constitutional right to health.
Justice Joshi’s ruling was also reflective of a broader legal principle that denying bail due to health issues could equate to an ‘imposition of a death sentence’. He highlighted the critical condition of the accused and the adverse effects that lack of proper medical treatment could entail, stating,
“…continued incarceration of the under-trial is incompatible with his health condition, thereby violating his right to health under Article 21 of the Constitution of India.”
The Court’s decision was informed by the reality that the lack of immediate and adequate medical care in prison could gravely endanger the undertrial’s life, leading to potential deterioration in his health. The Court refuted the argument posited by the state that the bail petition was merely a tactic to evade trial. Instead, it recognized the accused’s desire to clear his name while ensuring his fundamental rights were not compromised.
The legal representatives for the petitioner, Advocates Ashish Dagli and VA Mansuri, played a crucial role in bringing the critical health issues of the accused to light, while Additional Public Prosecutor LB Dabhi and Advocate Darshit Brahmbhatt represented the State’s concerns.
This landmark judgment by the Gujarat High Court serves as a pivotal reminder of the balance that must be maintained between the right to a fair trial and the undeniable rights to health and life enshrined in the Constitution. It sets a precedent for future cases where health concerns are at the forefront, advocating for a justice system that respects and upholds the sanctity of human life and dignity.
