It cannot be inferred that the right of the Applicant guaranteed under Article 21 of the Constitution for having proper medical treatment in super-speciality hospital is violated. Rather, various medical treatment which are given to the applicant are proved to be lifesaving at this stage
If the remand is absolutely illegal or the remand is afflicted with the vice of lack of jurisdiction, a Habeas Corpus petition would indeed lie. Equally, if an order of remand is passed in an absolutely mechanical manner, the person affected can seek the remedy of Habeas Corpus. Barring such situations, a Habeas Corpus petition will not lie.
Fundamental Rights are the primordial rights necessary for the development of human personality. They are the rights which enable a man to chalk out his own life in the manner he likes best. Our Constitution, in addition to the well-known fundamental rights, also included the rights of the minorities, untouchables and other backward communities, in such rights.