Inappropriate For A Doctor To Request Jail Authorities To Allow Inmate To Be With His Ailing Mother: Punjab & Haryana High Court

The Punjab and Haryana High Court has held that it is inappropriate for a medical officer to recommend that jail authorities allow an inmate to visit his ailing mother.

Justice Sanjay Vashisth said, "Petitioner himself has appended his mother's medical certificate dated 09.07.2025 issued by one Dr. Vikram Bhatia, and it is quite surprising that even the treating doctor himself has requested the jail authorities to allow the petitioner to be his mother's side during the time of her treatment."

The Court opined that such a recommendation is inappropriate on the part of any doctor, while issuing any medical certificate regarding health of someone who is simply a patient for treatment before him.

The Court was hearing interim-regular bail under Section(s) 22 of the NDPS Act, for a period of six weeks, on the ground that his widowed mother requires urgent medical attention as per medical opinion.

Counsel for the petitioner relied upon the medical opinion, wherein a doctor had written, "after 12 hours of initial treatment, patient is advised emergency surgical intervention in an advanced cardiac centre. But the patient refuses to take treatment in the absence of her son Gurnam Singh who is currently sentence in Kapurthala Prison. For the sake of human life, I humbly request the respected higher jail authorities to allow her son to be her side during the tenure of her treatment."

However, the Court sought a status report from the State and found that there are other family members, "who can very well look after the mother of the petitioner in his absence" and they all are living as a joint family.

Consequently, the Court said "no ground is made out to grant interim regular bail to the petitioner on account of medical health condition of the mother of the petitioner."

Mr. Aditya Anand, Advocate for the petitioner.

Mr. Jasdeep Singh, Additional A.G, Punjab.

Title: GURNAM SINGH ALIAS GAMA ALIAS GAMMA v. STATE OF PUNJAB

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