File affidavit on medical reports of influential patients: Calcutta HC directs SSKM Hospital

Kolkata: To gather information regarding the duration of bed occupancy of the "influential" patients admitted to the state-run hospital, their health conditions and the time required to relieve them completing the treatment process, the Calcutta High Court on Thursday asked the director of the Institute of Post Graduate Medical Education and Research (IPGMER) and SSKM Hospital to file an affidavit mentioning the details soon.

The division bench of Chief Justice T.S Sivagnanam and Justice Hiranmay Bhattacharya gave the direction to the SSKM authorities after hearing a public interest litigation (PIL) filed last month accusing SSKM of becoming a safe shelter for the masterminds of different financial scams in West Bengal.

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According to Live Law news report, this pertained to the matter of the services provided to prominent individuals involved in the Recruitment Scam, such as Sujoy Krishna Bhadra, who was accused of being admitted to the hospital for an extended period to delay the investigation conducted by the Enforcement Directorate (ED).

In response to the PIL, the court observed-

"Admittedly, the SSKM hospital and IPGMER cater to all people regardless of their status. If these allegations are true, it is a very serious matter. The court cannot embark on an evaluation exercise of the accused lodged in the hospital. The treating doctors must make an honest assessment. We direct the director of the IPGMER at SSKM hospital to file a report on the facilities and how long they have been availed by the patients as well as a brief note on their health condition,"

The division bench on Thursday directed that SSKM authorities in their affidavit should identify the influential and high-profile patients admitted there, their current medical condition, the kind of treatment they are undergoing and the approximate time required to complete their treatment process and relieve them, IANS reports.

The counsel for the petitioner argued in the court that none of these influential patients admitted at SSKM currently are under any life-support system. “They are moving around on their feet. They are virtually leading a normal life,” the counsel argued.

Following this, the Petitioners suggested that the accused in such cases could be sent to Central Government hospitals to allow for an independent assessment of their health to be made.

The Chief Justice then observed that if the allegations raised are true then the matter is really serious. According to him, in that case, there should be a separate ward for the influential patients.

As per the Daily, It has been said that the decisions regarding the transfer of an inmate from a correctional home to a hospital are typically made based on the joint assessment of the Doctor and Superintendent of the Correctional Home. This evaluation considers whether the accused can receive appropriate treatment within the jail premises or if a transfer to a hospital is necessary for proper medical care.

The Enforcement Directorate (ED) also argued in favour of the petitioner’s accusations against the S.S.K.M authorities. He said that at the end of the central agency custody, the accused persons are sent to judicial custody. “If the superintendent of the correctional home concerned feels any patient can be transferred to any hospital. Such transfers have become regular in the case of S.S.K.M,” he argued.

DSG Dhiraj Trivedi for the ED submitted that the investigative agencies have no call to make in the transfer of an inmate from police custody to the hospital.

DSG Billwadal Bhattacharya for the Union submitted that the process of transferring inmates from prison to hospital had been laid down in the Jail Code and that it depended on the jail doctor's and superintendent's opinion.

Thereafter, the division bench directed the S.S.K.M authorities to submit the affidavit and called for a hearing on 24th January.

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