Medical care fundamental right even for prisoners: Delhi High Court allows murder accused to undergo brain scan

The Delhi High Court recently permitted a murder accused to undergo a brain scan on account of some neurological issues [Jagarnath Shah @ Lala v. State (NCT of Delhi)]

Justice Girish Kathpalia underscored that the right to proper medical treatment is a fundamental right even for those in jail.

The Court noted that the accused suffers from neurological issues requiring urgent attention, and made it clear that medical care cannot be denied merely because the person is in judicial custody.

"The accused/applicant, as a human being cannot be deprived of proper medical treatment, more so when he is under detention in judicial custody. Right to health is an integral part of the fundamental right to life and liberty. The applicant as on date is only an accused, not a convict… Even the most dreaded criminal and convict has fundamental right to life and liberty, and the same cannot be abrogated without following due process of law," said the Court.

The case involved allegations that the accused killed the victim and later set the body on fire to conceal the identity.

The accused is facing charges under Sections 103(1) (offence of murder), 238(b) (tampering with evidence) of the Bharatiya Nyaya Sanhita (BNS) and Sections 25/27 of the Arms Act (illegal possession, use, or misuse of firearms).

The accused had initially approached the Court seeking interim bail on medical grounds, stating that he required a CT scan scheduled for January 22 and an MRI scan scheduled for May 11 at Safdarjung Hospital.

During the hearing, the accused's counsel, sought permission to withdraw the interim bail plea after the state pointed out that a sessions court order dated October 29, 2025 had refused an extension of interim medical bail, and the same had not been disclosed in the plea before the High Court.

The High Court allowed the withdrawal of the application.

The Court, however, made it clear that withdrawing the bail plea would not affect the accused’s right to medical treatment while in custody.

A status report filed by the State before the sessions court acknowledged neurological concerns which were serious enough to warrant further medical examination.

Taking into consideration the medical report, the Court directed the Medical Superintendent of All India Institute of Medical Sciences (AIIMS) to carry out CT and MRI brain scans on priority basis within a week.

The High Court also underlined that courts must balance competing interests while dealing with medical pleas from individuals in custody.

"The court in such cases has to carry out balancing of interests to ensure that the detained accused person is not deprived of appropriate medical treatment and at the same time, the State and the complainant de facto also do not suffer," noted the court.

The investigating officer was asked to place a copy of the order before the hospital with another copy to be sent to the jail superintendent to ensure the directions are followed.

Advocate Abhishek Rana and advocate Vikas appeared for the petitioner.

Additional Public Prosecutor Sanjeev Sabharwal represented the State.

[Read Order]