The petitioner had suffered an accident in 2017 while in Navy service which rendered him quadriplegic. Soon after, his service was terminated, and he alleges that the chain of command in the Navy responsible for overseeing and facilitating his treatment had been extremely negligent.
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THE Supreme Court on Friday called for a response from the Union Ministry of Defence and the Chief of Navy Staff on a petition filed by one Sub-Lieutenant Rahul Singh, seeking adequate medical treatment to cure him from a serious injury to the spinal cord which he had sustained while in active service in the Indian Navy in 2017. Singh has been suffering from quadriplegia since then. He has also challenged the order passed by the Navy terminating his services.
Singh has urged the court to declare that he is eligible to have state-of-the-art medical treatment in India or abroad as a part of his right to health under Article 21 of the Constitution, in order to cure him of his spinal cord injury. He has also sought the constitution of an appropriate medical board for the purposes of further medical treatment for himself, either in India or abroad.
A division bench comprising Justices Ajay Rastogi and Bela M. Trivedi heard the matter. Advocate Anandita Pujari, assisted by advocate Anurag Katarki, appeared for the naval officer.
On June 9, 2017, Singh along with other fellow naval officers, was invited to attend an official gathering arranged by his senior officer Avnesh Murthy, a Lieutenant Commander in the designation of Navigation Officer at his official residence at Dolphin Hills, Visakhapatnam. After the gathering was over, upon instructions of Lieutenant Commander Murthy, the petitioner, along with Sub-Lieutenant Avinash Thakur, Sub-Lieutenant Amandeep Singh and Sub-Lieutenant Amit Kumar sat in a car, which was driven by Sub-Lieutenant Ajay Yadav.
At around 1:20 a.m. Sub-Lieutenant Yadav lost control of the car which resulted in a fatal accident, wherein Sub-Lieutenant Thakur died on the spot, while the petitioner suffered grave injuries to his spinal cord which left him immobile and unconscious.
The petitioner had to undergo a life-saving surgery on June 10, 2017, which rendered him quadriplegic (that is, all four limbs and the entire torso are completely or partially paralysed).
The accident has left the petitioner with a physical disability to the extent of 90 per cent. However, on June 29, 2017, he was again moved to the Intensive Care Unit of the Command Hospital, Kirkee, Pune, from where he was ultimately discharged after the passing of an order terminating his services from the Indian Navy.
In his petition, Singh has contended that during his entire course of treatment, the chain of command responsible for overseeing and facilitating the same had been extremely negligent. It added that the petitioner and his parents made representations and pleas to different authorities in the Naval Command, and requested and met many of the respondents, who while promising cognisance and better care, never provided the same.
“Even during such dire times, the Petitioner took part in the Paralympic Competitions despite withdrawal of all logistical support on the part of the Respondents“, the petition states.
Singh asserts that he is entitled to the best medical treatment in order to be cured from the injury to his spinal cord which he suffered due to an accident while in service, which is attributable to his service.
“Petitioner is vested with fundamental right to health under Article 21 of the Constitution and therefore, the Respondents are obliged to arrange and pay for the treatment in India or abroad and have him cured or provide medical assistance including hospital facilities till life or till he is cured fully“, the petition submits.
