Ahmed Asif Fakih vs. Romin Muktar Farid

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl) No(s).5372/2010

(From the judgement and order dated 11/06/2010 in CRLBA No. 2337/2010 of The HIGH COURT OF JUDICATURE AT BOMBAY)

AHMED ASIF FAKIH Petitioner(s)

VERSUS

ROMIN MUKTAR FARID AND ANR Respondent(s)

(With appln(s) for ex-Parte stay, exemption from filing c/c of the impugned Judgment, exemption from filing O.T. and office report)

Date: 02/08/2010 This Petition was called on for hearing today.

CORAM :

• HON'BLE MR. JUSTICE HARJIT SINGH BEDI HON'BLE MR. JUSTICE C.K. PRASAD
• For Petitioner(s) Mr. A.V. Savant, Sr. Adv. Mr. Sudhanshu S.Choudhari, Adv. Mr. Sunil Upadhyay, Adv.
• For Respondent(s) Mr. Aabad H.H. Ponda, Adv. Mr. Shivaji M. Jadhav, Adv.

UPON hearing counsel the Court made the following O R D E R

"Mr. Ahmed Asif Fakih, 37 years old gentleman has been evaluated by us at the Tata Memorial Hospital. He has been previously operated for cancer of the rectum by low anterior resection at the Jaslok Hospital, Mumbai in July, 2008. the patient has then been administered adjuvant (post operative) chemotherapy at Jaslok Hospital and this was completed n early 2009. Presently, he is good general condition and fully active. On examination of his abdomen his previous

wounds have heeled well and his per rectal examination was normal." Mr. Ahmed Asif Fakih, 37 years old gentleman has been evaluated by us at the Tata Memorial Hospital. He has been previously operated for cancer of the rectum by low anterior resection at the Jaslok Hospital, Mumbai in July, 2008. the patient has then been administered adjuvant (post operative) chemotherapy at Jaslok Hospital and this was completed in early 2009. Presently, he is good general condition and fully active. On examination of his abdomen his previous wounds have heeled well and his per rectal examination was normal.

We further evaluated him here with a pathology review and; biochemical tests. We also performed an ECG. All these above mentioned investigations are within normal limits. Patient has also been investigated with PET SCAN in July 2010 which shows no evidence of disease and the CT scan of the abdomen is also normal.

Patient has recently been advised local radiotherapy in Jaslok Hospital in May, 2010. He has apparently taken some sittings but not completed the same. The reasons for local radiotherapy at this stage is unclear from available documents.

In conclusion, the patient presently has no evidence of disease and is advised a regular follow up every four months." 3

A perusal of the report indicates that the petitioner may have to undergo radiotherapy and also have regular check ups every four months. In case the petitioner makes an application and his bonafides are proved to the satisfaction of the trial court, he shall be permitted to undergo radiotherapy or check ups as required but the trial court shall ensure that he is taken out of the jail in police custody and returned to jail immediately after his hospital visit.

The Special Leave Petition is dismissed with the above observations.