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A bench of the Supreme Court comprising of Justice Deepak Gupta and Justice Aniruddha Bose while hearing a bail application observed that no party whether it is litigant or any other person is supposed to directly send a communication to a Judge.

The applicant had undergone a major spinal surgery in Yashoda Hospital and Research Centre, Ghaziabad and was reportedly suffering from some post-operative complications which had been certified by the doctors to require him to be admitted in the Intensive Care Unit.

The bench had directed the jail authorities to take the petitioner in custody on his expense to the Yashoda Super Specialty Hospital, Ghaziabad and had  directed the Managing Director of the said hospital to file an affidavit with regard to the nature of treatment required by the applicant and whether the treatment was  available in or around Dehradun.

However the Managing Director of the Hospital instead of filing the report in the registry of the SC, had sent a communication to Justice Deepak Gupta  along with Compliance Affidavit on behalf of the Hospital.

The bench expressing its displeasure said “We are not happy with the manner in which the Managing Director of the hospital has addressed a communication to one of the Judges comprising of the Bench which passed the earlier order.”

The bench thereafter directed the Registry to return the said communication along with the compliance affidavit to the Managing Director of the hospital  and further directed the Managing Director to file compliance affidavit in terms of its previous order  our order dated  within two weeks.

-Shaheen Parween

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