Supreme Court tells J&K govt to shift undertrial Dutch national to Delhi hospital

The man has been in Jammu & Kashmir prison for over 10 years and suffered from paranoid schizophrenia

The Supreme Court has told the Jammu and Kashmir government to shift a Dutch national to a medical facility in Delhi as he has been jail for over 10 years as an undertrial and suffered from paranoid schizophrenia.

A bench of Justices V Ramasubramanian and Pankaj Mithal disposed of a writ petition filed by advocate Rohan Garg on behalf of undertrial Richard de Wit.

"The petition is disposed of directing the State to transfer the petitioner/detenue to the Institute of Human Behaviour and Allied Sciences, New Delhi for specialised care," the bench said.

The court allowed a contention by the J&K counsel that it should be on a condition that after the psychological condition of the petitioner improves, he should be shifted to the Central Prison, Srinagar.

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"It is made clear that the period during which he receives treatment at the special care centre, will be part of the custody and hence, he will not be permitted to go out freely. The mother (Eleanor Catharina de Boer – de Wit) of the petitioner/detenue is permitted to visit him at the specialised care center," the court further ordered.

The petitioner, who was lodged in the District Jail, Jammu, sought a direction for transferring him to a specialised medical facility in New Delhi or to Netherlands for his proper medical treatment as adequate medical treatment is not available in J&K due to which his fundamental right i.e. right to health was being violated.

The Dutch national is an accused in a murder case lodged on April 6, 2013 in police station Ram Munshi Bagh, Srinagar and has been in jail since then.

"In fact the medical board, had in 2016, in fact suggested transfer of the petitioner to a specialised facility as a remedial measure but no action was then taken by the trial court or the State. No adequate treatment was made available to him as diagnosed in April 2016 i.e. seven years back and petitioner was made to continue to suffer," his plea stated.

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"It was only after five years, i.e. on 03.07.2021, the trial court suspended the trial u/s 329(1) of the Code of Criminal Procedure based on the report that the accused is known case of Schizophrenia," it added.

The plea filed through advocate T L Garg alleged that the petitioner has been deprived of adequate medical treatment.

"In fact, the direction by the trial court on 03.07.2021 to isolate the petitioner in the central jail for treatment may even worsen his mental condition," it said.

The plea further claimed the petitioner has been tossing between Srinagar and Jammu and the trial court has been repeatedly apprised by the Medical Board at Srinagar Hospital and Jammu Hospital that adequate infrastructure is not present to deal with his case and that he should be shifted to a specialised facility where he can be continuously supervised by doctors well versed with the ailment of paranoid Schizophrenia.

However, the petitioner continued to remain in jail without proper treatment and his life is in danger, it claimed.

The petitioner sought a direction to provide apt medical treatment to him for his chronic and long ailment of paranoid schizophrenia at a specialised hospital in the country; or permit him to travel to the Netherlands on conditions for proper medical treatment at the "Rotterdam Alexander Hospital" or "Antes Poortmolen Hospital", with an undertaking that he would come back and face the trial upon being cured.