---------- Forwarded message ----------
From: neeraj jain <
neer...@gmail.com>
Date: Thu, 23 Apr 2009 23:19:13 +0530
Subject: Fwd: [Secular Perspective] Dr. Binayak Sen's deteriorating Health
To:
Dear friends,
Here is an important message from Illina Sen, activist and wife of Dr.
Binayak Sen, just another proof about the kind of cold blooded murderers
that rule us, and it is unfortunate that most of us stay aloof from all
these issues.
---------- Forwarded message ----------
From: Irfan Engineer <
irfa...@gmail.com>
Date: Thu, Apr 23, 2009 at 4:12 PM
Subject: [Secular Perspective] Dr. Binayak Sen's deteriorating Health
To:
secularpe...@googlegroups.com
Dear friends,
I am writing to share some extremely distressing information that has just
now come to light. We now have clear proof that the police in Chhattisgarh
are actively interfering with Binayak’s need for health care. I will just go
over the facts with you.
Binayak, hypertensive for many years, was diagnosed on 2003 with angina
upon stress after he underwent cardiac assessment tests with Dr Ashish
Malhotra, Raipur’s only doctor with a DM in cardiology, who practices in a
private facility. The drug regime that he was on in 2007 and later was what
was suggested by this doctor. He began to feel chest pain upon exercise,
tingling in the left arm etc sometime in Decembr 0f 2008 and in January
February of this year, when in prison. He informed the prison authorities of
this, and when nothing concrete was done about it (the jail hospital any
way has no facilities), he informed the court about this. An application was
filed I court on his behalf on 17.2.09, requesting that he be allowed to go
for treatment to a properly equipped hospital of his choice, preferably CMC
Vellore, citing section 39A of the Prisoners Act of 1894, according to which
the jail Superintendent is empowered to send him for treatment to a facility
of his choice, subject to the the prisoner or his family executing a bond and
abiding by such conditions as the Superintendent may prescribe. On 20.2.09
the judge (11th additional district and sessions judge BS Saluja who is
trying the case) ordered the jail authorities to get the opinion of a
medical board re Dr Sen’s cardiac condition so that an appropriate
decision on his application could be taken.
Binayak was taken to the Raipur district hospital at some time between 20.2
09 and 17.3.09, where the doctors who saw him suggested that he needed an
ecg and eckocardiograph.
On 17.3.09 Binayak complained to the court that no action had been taken on
his request for treatment, and was quite emotional when he said that it did
not seem to matter to the court whether he lived or died. The judge who had
built up this impressive correspondence was equally upset, and I personally
met him after the evidence was over and the accused taken back to jail to
convince him that a medical situation demanded something more than just
creating records. The judge seemed mollified and on the 18th of March,
asked Binayak in court which doctor he wished to see in Raipur who could
determine whether or not he needed an onward referral to Vellore , and upon
Binayak naming Dr Ashish Malhotra, passed an order asking the jail to have
Binayak shown to Dr Malhotra in order to obtain a clear opinion about
whether such referral for further investigation was needed.
Binayak was shown to Dr Ashish Malhotra on March 25. On the basis of the
court order of 18.3, the jail superintendent requested the police for
providing security guards to take Binayak to see the doctor. Accordingly,
an impressive busload of armed police took Binayak to see Dr Malhotra around
10 am, and I got a call from Dr M around 10.30 asking me to go there along
with the old records. I proceeded to do this, and thus was present for
most of the consultation. On the basis of the letter from the jail
superintendent asking for a clear opinion on whether onward referral to CMC
Vellore was needed, an ECG, Echocardiograph and treadmill test, he
concluded that Binayak had Coronary Artery Disease (CAD), and referred him
to VMC Vellore for Angiography for further assessment, to be followed by
Angioplaasty/ Coronary Artery Bypass Surgery (CABS). I kept a photocopy of
the prescription for my own records, since I was asked to pay for the
procedure.
I went to see Binayak in prison on the 26th, and to discuss what the
modalities of travel to south India would be. I was shocked when the Jail
Superintendent said categorically that Binayak would not be
investigated/treated
in Vellore but in Raipur. Sensing that something was amiss, I put in an
application under the RTI act asking to see all the correspondence between
the jail and the doctors regarding Binayak’s treatment. It is this last lot
of documents that has just come into my hands.
To conclude the treatment story before I come to this, the jail tried on
the 31st of March, to take him to Escorts hospital in Raipur , and according
to what we had discussed on my last jail visit, Binayak refused in writing to
go there, saying that he did not wish to be treated in any facility in
Chhattisgarh as directed by the jail superintendent , as he feared that his
life might be in danger. This reply of his with a covering note that Binayak
was refusing treatment was presented to the court on the 31st itself,
seeking further directions. The court referred this to the public prosecutor
asking him to file a reply within seven days. To the best of my knowledge,
no such reply has been filed so far. Binayak has started on the new
medication prescribed by Dr Malhotra (Atorva Statin) and reports some
symptomatic relief.
To come now to the results of the RTI, I have now received Dr Malhotra’s
original referral letter of the 25th, but also a second letter addresses to
the Jail Superintendent, quoting a query from him and dated 26th March, in
which he gives his opinion that the facilities for angiography are available
in Chhattisgarh in Escorts, Apollo, Bhilai Main hospital, Ramkrishna
hospital and two other places. He also writes that he referred Dr Sen to
Vellore because the latter asked him for it. The problems with this are as
follows:
- Why was this second query sent from the jail to Dr Malhotra ? If the
jail superintendent sent such a letter, who was breathing down his neck to
do so?
- This clearly constitutes total disregard for the court. The mandate to
Dr M as specified by the court was to give a clear opinion about whether
referral to Vellore was needed or not. The court did not ask Dr M about the
length and breadth of medical facilities in Chhattisgarh.
- Dr M was obviously under pressure when he said that he had referred
Binayak to Vellore because the latter asked him to do so. In any case, what
conversation he may or may not have had with his patient is supposed to be
privileged information.
- If a doctor not in the public sector payroll in anyway can be
intimidated to this extent, what is one to say of doctors in Escorts ,
Apollo etc which are private medical franchises set up in the medical
college (great examples of public private partnership, in which all
human resources are public, the brand name and the option of onward
referral are private)?
- Under these circumstances, Binayak is absolutely right that his life
may be in danger in any facility controlled by the state in Chhattisgarh.
In fact I am now worried that as Plan A of the police / prosecution
(discredit Binayak and convict him in the legal case ) shows signs of
coming apart, they are now trying to resort to Plan B ( bump him off while
in hospital in Chhattisgarh by just asking someone to, for eg, inject air
into an IV drip).
I would like to appeal to all friends to ensure Binayak’s physical safety,
publicize this matter, write about it, perhaps appeal to higher
courts/political leaders ? It is urgent.
I want to end by saying that what we are asking for, treatment at a hospital
of choice, is not unknown in Indian judicial history. In fact even from
Raipur Central Jail, the Shivsena leader Dhananjay Singh Parihar, in jail on
a charge of murder, was sent at state expense to KEM hospital Mumbai,
Shankar Netralaya, Chennai and three other hospitals for an assortment of
ailments in 2003 . The police would like to portray Binayak as the
biggest internal security threat they perceive. Are we going to let them
get away with this ?
Ilina
--
Neeraj Jain
"Mrudanga", Bldg No. 3A, Flat No. 7,
Naad Brahma Society, Warje,
Pune - 411 052
Ph. 94222 20311
--
SAMALOCHANA
For Youth-For social justice
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Visakhapatnam dist-AP
ph-(08924)329787
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