Read Time: 03 minutes

Having regard to the peculiar circumstances of the case, the Supreme Court on Monday granted bail to a person suffering from HIV who appeared to be immuno-compromised.

Pursuant to the direction issued on the last occasion, the State of Rajasthan filed a counter affidavit enclosing copy of the report by the Medical Board which had examined the petitioner. The medical report stated as follows:

“Patient have severe dyspnoea at rest and unable to walk without support. Due to immune compromised he is at risk of having repeated infection unhygienic condition. Patient requires regular treatment and follow up.” 

A bench of Justice S Ravindra Bhat and Justice PS Narsimha further opined that the petitioner was entitled to be given the benefit under Section 34(2) of the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 of expeditious disposal of his appeal.

The provision reads as follows:

“34 … ..2. In any legal proceeding concerning or relating to an HIV-positive person, the court shall take up and dispose of the proceeding on priority basis.”

Accordingly, the Top Court also asked the High Court to take appropriate steps to bear and dispose of man’s appeal at its earliest convenience.

The petitioner has also been granted liberty to claim anonymization of the records, to suppress his identity in accordance with law.

Case Title: XXX vs. STATE OF RAJASTHAN