The Punjab and Haryana High Court is moving towards finalising a three-phase treatment protocol for prisoners with opioid use, with the Head of the Department of Psychiatry, PGIMER, Chandigarh, at liberty to indicate the budgetary allocation required from a particular State and other measures expected from it to make the protocol fully implementable.The development assumes significance as the exercise seeks to translate an expert-prepared treatment protocol into a framework capable of being implemented in its entirety, with the cooperation of the governments and authorities.The court, on a previous date of hearing, had taken on record an affidavit filed by Haryana showing that 1,295 of the State’s 27,111 jail inmates were undergoing treatment for drug dependence, down from 1,829 after treatment was made available — a reduction of 534.The Bench had also flagged a “serious malaise” in Punjab jails after the amicus curiae or the friend of the Court had pointed to an 83 per cent increase in the number of inmates, who became drug-dependent after their entry into jails. Taking note of the submissions, the Bench had observed that the number had grown “almost four-five times” compared with those already registered for treatment when they entered prison.As the matter came up for resumed hearing, the Bench of Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor observed: “An affidavit has been filed by the HoD of Psychiatry, PGIMER, annexing treatment protocol for prisoners with opioid use. The protocol consists of three phases, which are outlined therein, and suggests the course to be followed with reference to specific issues”.The court recorded that the protocol had been examined and the issue deliberated upon with the assistance of the amicus curiae Tanu Bedi and counsel for the State. “It is agreed between the parties that a committee shall meet again and the broad features of the protocol shall be given final shape with specific details, such that the protocol is capable of being implemented in its entirety,” the Bench added.The court also provided for identifying the financial and other requirements that might arise in implementing the protocol. It left it open to the Head of the Department of Psychiatry, PGIMER, to specify the budgetary allocation required from a particular State or indicate other measures expected from it. “It shall be open for the HoD, Psychiatry, PGIMER, to indicate the budgetary allocation required from a particular State or other measures which are expected of them. The respective States would be apprised of it, and their cooperation would be solicited.”Emphasising the need for institutional cooperation, the Bench expressed the expectation that the assistance identified by the experts would be provided promptly. “We hope and trust that all requisite assistance as are indicated by the experts, would be promptly provided, and in case there is any shortcoming, then the court shall be informed,” the court added.Before parting with the order, the Bench observed: “We have already indicated that the cause raised in the matter is of serious concern, and the directions issued since are in larger public interest, therefore, the authorities of the States and U.T., are not to treat it as an adversarial litigation.”The court further directed the filing of an affidavit detailing the measures proposed to address the concern raised in the proceedings. The matter has now been listed for December 15.


