Jharkhand HC reprimands hospital authorities for shifting jailed Lalu to bungalow

The Jharkhand High Court on Fridaypulled up the authorities for transferring jailed RJDpresident Lalu Prasad to the director's bungalow of a Ranchihospital from its paying ward last year without consultinghigher authorities, and observed that the government isgoverned by law and not by any individuals.

Prasad, who was convicted in fodder scam cases, wasundergoing treatment in the Rajendra Institute of MedicalScience (RIMS) for multiple ailments. The former Bihar chiefminister was in August 2020 transferred from its paying wardto the director's residence, which was known as Kelly Bungalowand was vacant at that time, to protect him from exposure tocoronavirus.

He was brought back to the paying ward on November 26,following an allegation that he, violating jail manuals,called up a Bihar BJP MLA seeking his help in defeating theNDA candidate for assembly Speaker's post.

During the hearing of a case involving Prasad'salleged violation of jail manual, the bench of Aparesh KumarSingh said that if the RJD chief ran the risk of beinginfected by COVID-19, the RIMS management should have firstinformed the prison authorities.

A jail officer would have then decided where to shiftPrasad, the bench said and asked why the RIMS management wasin such a hurry to transfer him to the Kelly Bungalow.

The court said the RIMS management did not clarify inits affidavit what other options were considered before LaluPrasad was shifted to the directors bungalow and why thatbungalow was chosen.

The bench observed that the government is governed bylaw and not by any individuals.

In a report placed before the bench on Friday, theinspector general (prison) submitted that the hospitaltransferred Prasad to the bungalow as a measure to protect himfrom COVID-19.

It said that there is no clear provision in the jailmanual on how to provide security to an inmate and whatfacilities he or she would get if the person is shifted out ofa prison for treatment.

The government is now making changes to the prisonmanual and a standard operating procedure (SOP) is beingprepared to include such situations, the report said.

The bench asked the government to complete the work byJanuary 22.