Source: The Sangai Express
Imphal, April 26:
Disposing a Public Interest Litigation the gauhati High Court has asked the State authorities to implement the Supreme Court guidelines necessitating medical examination of arrestee by trained doctors every 48 hours during detention period.
Justice D Biswas and TNK Singh passed the order on April 24 in their Imphal Bench sitting following the PIL filed by one Laishramcha Jinine Meetei, general secretary of Universal Education and Well Being (UNIEDWEL).
On December 18, 1996 the apex court on hearing DK Basu versus State of West Bengal case (1997 ISCC 416) issued 11 requirements/guidelines to be complied in all cases of arrest or detention till legal provisions are made with the objective of minimising instance of torture and death in police custody.
The eighth such guidelines of the supreme Court were cited by the petitioner as 'The arrestee should be subjected to medical examination by a trained doctor of approved panel of doctors appointed by Director, Health Services of State or Union Territory concerned every 48 hours during his/her detention in custody'.
The Director, Health Services should prepare such a panel for tehsils and districts as well, the guidelines suggested.
Having heard both parties the Gauhati High Court endorsing the petitioner's plea asked the Director of health Services, Manipur to prepare a panel of doctors and to ensure that each and every arrestee is subjected to medical examination within the stipulated period.
The Court also directed the Registry of the same Court to circulate a copy each on the ruling to District Judges, Chief Judicial Magistrate and other judicial officers throughout the North East region so as to ensure strict adherence to the supreme Court decree.
The PIL said to have been filed at the initiative of Human Rights Law Network (HRLN), manipur also contended that the State health directorate had failed to prepare such panel in the last ten years which is claimed as clear violation of the apex court's verdict.
Advocate Meihoubam Rakesh, State coordinator of HRLN appeared on behalf of the petitioner.
State of Manipur represented by the Chief Secretary, Principal Secretary (Home), Director and Commissioner of Health Services are the listed respondents in the case.




