Delhi High Court - Orders
Manendra Rana vs Union Of India & Anr on 7 May, 2021
Author: Manmohan
Bench: Manmohan, Asha Menon
$~A-2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P. (C) 3601/2021
MANENDRA RANA .....Petitioner
Through: Mr.Manoj V.George with Ms.
Shifaz R. Dheen, Advocates.
Versus
UNION OF INDIA & ANR. .....Respondents
Through: Ms.Nidhi Banga, Advocate.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MS. JUSTICE ASHA MENON
ORDER
% 07.05.2021 The petition has been heard by way of video conferencing. C.M.No.15146/2021 Exemption allowed, subject to all just exceptions. Accordingly, the application stands disposed of. C.M.No.15145/2021 Upon the present application being filed, after dismissal of the writ petition, to conduct an independent Review Medical Board this Court on 22nd April, 2021 had passed the following order:-
"CM APPL. 15145/2021After dismissal of the writ petition, the petitioner has filed the present application seeking to conduct an independent Review Medical Board to be constituted preferably by doctors from AIIMS or any other independent prestigious medical institution to evaluate whether the petitioner's wife comes under the benchmark of the disability under The Right of Persons with Disability Act, 2016.
In the present application it has been averred that the report of the ITBP Medical Board relied upon by this Court while dismissing the present writ petition falls within the purview of 'mistake' as it had no taken into account the previous medical assessment done by Neuro Surgeon at M/s Kailash Hospital, Noida an empanelled hospital of ITBP and the subsequent medical report given by a senior doctor at AIIMS Delhi on 27 th March, 2021.
In the present application it has further been averred that the petitioner's wife refused to join the medical board proceeding at ITBP Hospital at 04:00 PM on that day as during her limited interaction she was informed by the Board that electric shock shall be administered to her.
This Court may mention that the allegation that electric shock shall be administered by Medical Board of ITBP is a 'figment of imagination' by the petitioner as no such allegation was made on the date the writ petition was disposed of.
However, before disposing of the present application, this Court directs Dr. Nileswar Das (Senior Resident Dept. of Psychiatry and NDDTC, AIIMS) to inform this Court as to whether the Report of the Medical Board constituted by the ITBP and the order passed by this Court were shown and/or disclosed to him by the petitioner and his wife. Dr. Nileswar Das would also inform this Court as to whether his prescription would have been different, if the aforesaid Report of the Medical Board and this Court's order dated 25th March, 2021 had been shown to him.
Let a copy of this order alongwith Report of the Medical Board constituted by the ITBP and the Court's order dated 25 th March, 2021 be served upon Dr. Nileswar Das within three working days by learned counsel for the respondent. Dr. Nileswar Das is directed to give his response by way of a letter addressed to the Registrar of this Court within a week. The same shall also be e-mailed to the Court Masters.
This Court clarifies that the onus of serving a copy of this Order has been placed upon the learned counsel for the ITBP as, at the moment, curfew has been imposed in Delhi and there are restrictions on movement.
List on 07th May, 2021."
In pursuance to the aforesaid order, Dr. Nileshwar Das, Senior Resident, Department of Psychiatry, AIIMS, New Delhi has sent his response dated 26th April, 2021 as under:-
"........My responses are:
The aforementioned Report of the Medical Board constituted by the ITBP and the order passed by the Hon'ble High Court of Delhi were not shown and/or disclosed to me by the petitioner and his wife. Clinical impression made by me and the treatment prescribed by me is based on the clinical assessment made by me on the day, I say the patient and an earlier prescription shown to me giving details of treatment she was on.
If the aforesaid Report of the Medical Board and the Court's order dated 25 th March, 2021 had been shown to me, I would have also asked for getting a date for a detailed work-up in the Psychiatry OPD, AIIMS, New Delhi."
(emphasis supplied) It is pertinent to mention that on the last date of hearing, learned counsel for the petitioner/applicant had taken a specific stand on instruction of the petitioner, at the pass over stage, that the report of the ITBP Medical Board and this Court's order dated 25th March, 2021 had been disclosed to Dr. Nileshwar Das. The said averment has now been proven to be false.
Even the petitioner's other allegation that petitioner's wife had refused to rejoin the medical board proceeding at ITBP Hospital at 04:00 PM on the appointed date, as she was informed by the Board that electric shock shall be administered to her, had been rejected by this Court on the last date of hearing as 'figment of imagination'. Further, this Court vide order dated 22nd April, 2021 has already held that the previous medical assessment done by Neuro Surgeon at Kailash Hospital had been taken into account by the ITBP Medical Board.
At this stage, learned counsel for the petitioner/applicant states that the petitioner/applicant would be satisfied in the event the respondents make the statement that medical facilities are available for treatment of his wife at Ladakh.
Learned counsel for the respondents, on instructions, states that medical facility to treat the alleged medical condition of petitioner's wife is available at Leh Ladakh. She states that tele-medicine is also available at Ladakh.
In view of the aforesaid statement, learned counsel for the petitioner/applicant does not wish to press the present application. Accordingly, the same is dismissed.
The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail.
MANMOHAN, J ASHA MENON, J MAY 07, 2021/KA