A single bench of justice Golmei Gaiphulshillu, Manipur High Court dismissed a petition of former BJP legislator TT Haokip who sought his treatment outside the country.
T Thangzalam Haokip alias TT Haokip approached the HC to set aside the Chief Judicial Magistrate (CJM), Imphal East’s order of November 20 that rejected his application of seeking treatment in Australia, stating that his claim of suffering from Kaposi’s Sarcoma cannot be trusted. In addition, there are chances of the petitioner absconding, the order had stated.
In TT Haokip’s petition filed before the HC stated that the impugned order passed by the CJM, Imphal East is not sustainable in the eye of law, since it violates Article 21 of the Constitution of India. It mentioned that Article 21 of the Constitution of India ensures the life and liberty of every individual, Citizens or Non-Citizens. The concept of personal liberty includes the right to health as well, and the CJM passed the order in contrary to the law laid down by the Supreme Court, the petition stated.
TT Haokip had prayed for permission to go to Melbourne, Australia for medical treatment with one professor Chirstopher McCormack from December 7, 2023 to January 20, 2024.
His counsel submitted that the CJM Imphal East had not appreciated the documents or medical reports filed by TT Haokip.
It was submitted that Chief Judicial Magistrate, Imphal East had totally ignored the report dated January 23 that the report in question pertains to clinical notes of Left Arm, Abdomen, Left thigh and left foot of TT Haokip. The letter from professor Christopher McCormack to Dr Mitchell Chipman as well as Final Histopathology report dated June 27, 2023, clearly stated that TT Haokip is suffering from Kaposi’s Sarcoma on his right second toe, it stated.
The public prosecutor submitted that TT Haokip was arrested under a Suo moto case under FIR No. 385(05) 2023 PRT-PS U/s, 295-A/298/506/34 IPC and 25(1-b) Arms Act in connection with a conflict which took place at the Tribal Market of New Checkon on May 22, 2023.
TT Haokip along with two others namely, Johnlalkhopao Gangte and Viky Mangoulam Singson of New Lambulance threatened the womenfolk’s vendors sitting at Tribal Market to close their shops at Tribal Market. They were remanded in judicial custody by the lower court. The investigation is complete and a Charge Sheet against the accused persons has been submitted.
On October 4, the CJM, Imphal East had granted statutory bail to the former legislator and others, with a permission to appear before the CJM, Churachandpur court in further hearing.
From examination of the Medical documents annexed with the petition, it was found that his medical conditions were not an emergency or life threatening. Besides, there are more than a 100 hospitals listed in India that can treat Kaposi’s Sarcoma.
The HC after observing the facts and circumstances and after combine reading of the final histopathology report written by professor Christopher McCormack to Dr Mitchell Chipman, and the report from Melbourne Pathology linked by Dr Christopher Cormack, the CJM, Imphal East ordered of rejecting TT Haokip’s treatment application, stated that the court does not call for interference to the claim of the petitioner that he is suffering from Kaposi’s Sarcoma is not found in the doctor’s reports.
The HC dismissed TT Haokip petition, however, TT Haokip has been given liberty to file application seeking leave to allow his travel abroad for advance medical treatment with additional documents/new facts before the CJM, Imphal East.
