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Jammu & Kashmir High Court - Srinagar Bench

Dr. Ashiq Hussain Faktoo vs . on 11 April, 2019

Bench: Chief Justice, Tashi Rabstan

            Serial No.
            Suppl. List

                               HIGH COURT OF JAMMU AND KASHMIR
                                         AT SRINAGAR


           IA No. 01/2019 in
           LPAW No. 230/2012                                             Date of Order: 11.04.2019
                                            Dr. Ashiq Hussain Faktoo
                                                       Vs.
                                                State of JK & Ors.
           Coram:
                      HON'BLE THE CHIEF JUSTICE
                      HON'BLE MR. JUSTICE TASHI RABSTAN, JUDGE
           Appearance:

           For appellant(s):       None
           For respondent(s):      Mr. Javaid Iqbal, Sr. AAG.

           i/        Whether to be reported in                  Yes/No
                     Press/Media?
           ii/       Whether to be reported in                  Yes/No
                     Digest/Journal?

Mr. Javaid Iqbal, learned Sr. AAG seeks leave to handover the communication dated 11.04.2019 received from the office of the Superintendent District Jail, Udhampur.

By way of this application, it is stated by the applicant that he stands convicted for life sentence and has been presently lodged in District Jail, Udhampur. The applicant has placed in the application the details of medical treatment which he was given while he was in Central Jail, Srinagar. In this regard, the applicant has placed on record copies of the order dated 26.12.2012, 24.12.2013 and 29.12.2017 and medical prescriptions which stands issued by Sher-i-Kashmir Institute of Medical College, Bemina, Srinagar.

It is stated that the applicant is in urgent need of medical treatment and 2019.04.11 16:26 I attest to the accuracy and hence this application.

Learned counsel for the respondents submits that with regard to medical treatment which the applicant is required to be given, it is submitted that whenever the applicant has complained of any ailment, he has been got medically checked up by the doctors. The last medical check up in this regard was conducted on 20.02.2015 by the physician specialist, District Hospital, Udhampur.

Mr. Javaid Iqbal, learned Sr. AAG has objected to the prayer made in the application submitting that by way of the instant application, the applicant is really seeking her transfer to Srinagar for treatment which cannot be permitted.

Given the fact that the complaint was made regarding deprivation of medical treatment, we had issued notice to the respondents for today. The document submitted by the Superintendent, District Jail Udhampur would show that the applicant has been given medical treatment for all the ailments for which he is complaining of. The Superintendent, District Jail, Udhampur shall ensure that all problems faced by the applicant are promptly addressed. In case, the applicant is in need of orthopedics treatment, he shall be provided expert treatment in this specialty as well.

None appears for the applicant when the matter is called out. In the interest of justice, list this application on 16.04.2019.

                                              (TASHI RABSTAN)                 (GITA MITTAL)
                                                       JUDGE                  CHIEF JUSTICE
           Srinagar
           11.04.2019
           Altaf




MOHAMMAD ALTAF NIMA
2019.04.11 16:26
I attest to the accuracy and
integrity of this document