NEW DELHI, Nov 28: The Delhi High Court on Friday directed the Tihar Jail authorities to provide appropriate medical treatment to separatist leader Yasin Malik, who is serving life sentence in a terror case.
Justice Neena Bansal Krishna noted that according to the report of Tihar Jail, apparently Malik does not seem to be suffering from any life-threatening ailment, and said in case the medical treatment as per his condition is not available in the prison, it be provided to him in the hospitals where such a facility is available.
“The petitioner in support of his petition has annexed medical documents of 2017. Apparently from the report received from Tihar Jail, it does not seem that he is suffering from any life threatening ailment,” the court said.
It added that “the petition is disposed of with direction to the jail authorities to provide appropriate medical treatment as per his condition and in case the said treatment is not available there, the same may be provided in the hospitals having the requisite facility”.
The high court passed the order while disposing of Malik’s petition seeking medical care and that his treatment be done at AIIMS or any other super-speciality hospital in Delhi or Srinagar.
During the hearing, his counsel submitted that Malik is a cardiac patient and there is no cardiologist in Tihar Jail, and he should be taken to AIIMS for his treatment.
The counsel for the Central Government, on the other hand, contended that Malik is a high-risk prisoner and a fresh communication has been issued by the authorities, restricting his movement from Tihar Jail and the jurisdiction of the national capital.
The Government counsel further said the petitioner had resorted to hunger strikes in the months of July 2022, December 2023, August 2024 and September 2024, during which period he refused food and medicine and was provided with the requisite medical treatment to avoid any untoward incident.
In his petition, Malik has claimed to be a patient of “serious cardiac and kidney ailments”, currently facing a “life and death situation”.
“There had been occasions when the petitioner was seriously ill or his presence was mandatorily required before the trial court. But in the garb of (Section) 268 of CrPC (restricting Malik to Tihar Jail and Delhi), he was neither taken to the hospital, nor produced in the court,” the plea claimed.
A trial court in Delhi awarded Malik life sentence on May 24, 2022, after holding him guilty of various offences under the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC).
The National Investigation Agency (NIA) later filed an appeal in the high court, seeking enhancement of his life term to the maximum punishment of death penalty.
Malik had earlier moved a similar plea seeking medical treatment, which the court disposed of in light of his examination by the doctors at AIIMS and the necessary medical care extended to him. (AGENCIES)
