Right to Medical Treatment, Unlawful Detention

August 31, 2005 - PILs of 2005, Public Interest Litigation - no comments
Case Name and Number: Lunatic Prisoners’ Case, Writ Petition No- 4269/2005
Parties: Ain o Salish Kendra Vs. Bangladesh and others
Court: High Court Division of the Supreme Court
Judges: Justice Nozrul Islam Chowdhury, Justice Farah Mahbub
ASK’s Role: Petitioner
Conducting Lawyer: Dr. Naim Ahmed, Saifur Rashid
Subject Matter: This case was filed challenging the unlawful detention of unspecified number of mentally disordered (mostly lunatics) persons in various jails of Bangladesh without any allegation. The relevant law imposed obligation upon the government that the mentally disordered persons should be referred to the asylum for medical treatment. But the government failed to follow their duties and mentally handicapped persons are kept in jails continuously. As a result, they are deprived of medical care and their mental health had been deteriorating day by day.
Court’s Response: The Court issued a rule nisi calling upon the government on June 25, 2005 as to why the detention of the mentally disordered persons detained in jails should not be declared illegal and also as to why they should not be transferred to asylum for their proper medical treatment. Court directed the Inspector General of Prison to submit a report before the Court about the mentally disordered persons detained in different jails.
Current Status: The report has been submitted before the Court. The case is awaiting judgement.
ASK Contact: Abu Obaidur Rahman, Senior Coordinator, Legal Advocacy & Policy Reform Unit. Email:ask@citechco.net