Kolkata: The police maintained that R S Agarwal was in sufficiently good health to be remanded in their custody. "We had applied to the director of medical education to consider the condition of the accused. He had constituted a medical board with doctors from SSKM. The board examined him and submitted a report on Saturday, stating that his condition is not so bad that he has to remain in hospital. He can be administered the necessary medicines even when in custody," said Damayanti Sen, joint commissioner of police (crime).
When asked why the magistrate directed that Agarwal be admitted to SSKM, an officer said that the decision was taken after Agarwal said that he may die if he does not get proper medical care.
There was considerable drama in the courtroom during the day with the public prosecutor trying to convince the CJM that Agarwal was faking the seriousness of his medical condition . The public prosecutor said that doctors from the private hospital as well as SSKM had vouched that Agarwal's condition is not critical and that he "was not agreeing to enter the courtroom" .
Agarwal's counsel Ashok Mukherjee, however, argued that he was in the police custody and his willingness or unwillingness to appear before the court is immaterial. "However, this indicates that the investigating agency is not in a position to produce the accused before the court physically as there will be a risk to his life. Let him return to hospital for treatment for 2-3 more days. After that he may be produced before the court. If this is not done, his life will be at risk," he said.
I have said earlier and I still maintain it that R S Agarwal is faking illness.
The courts should set up a medical board in each state with honest doctors, if they can find any, or take the help of army doctors to examine the condition of these influential prisoners who fake illness to avoid arrest and questioning by the police. As it is the police themselves are corrupt and usually do not investigate the people but when the courts force them to do so, the medical profession comes in their way.
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