The Madras High Court has ruled that undertrial prisoners have the right to receive medical treatment at private hospitals of their choice, provided no prejudice is caused to the prosecution, security concerns are addressed, and they remain in judicial custody.The decision was delivered by a Division Bench comprising Justices G.R.Swaminathan and V.Lakshminarayanan while hearing a plea filed by T.

Devanathan Yadav, managing director of Mylapore Hindu Permanent Fund Nidhi Limited, who is facing a ₹600-crore alleged deposit default case involving around 5,000 depositors.

The court allowed Yadav to undergo treatment at a private hospital for a period of 10 weeks to undergo two surgeries related to his knee and spine condition.

The judges directed that the accused should propose three private hospitals of his preference, and the government authorities would select one among them.

It was also ordered that he be shifted within a week and remain under continuous police escort deployed in shifts, ensuring he does not leave the hospital premises during treatment.

The Bench clarified that the arrangement does not amount to bail and that the accused would continue to remain in custody, with the hospital effectively functioning as an extended prison environment.The court further imposed strict conditions, including a prohibition on the use of mobile phones.However, visitation by friends and relatives was permitted.It also allowed authorities to impose additional conditions if required.

The Bench emphasised that the fundamental right to life under Article 21 of the Constitution includes the right to proper medical care, and this right extends to undertrial prisoners as well.

The judgment noted that while security concerns may justify restrictions in certain cases, denial of specialised treatment when no prejudice is caused would not be justified.

The court also observed that the cost of treatment and police escort arrangements would be borne by a friend of the accused, ensuring that public funds are not burdened.