Delhi HC Directs Superintendent Of Tihar Jail To Ensure Necessary Medical Treatment To Kashmiri Separatist Yasin Malik

The Delhi High Court has directed the Superintendent Jail, Tihar to ensure the necessary medical treatment to the Kashmiri Separatist leader Yasin Malik.

Yasin Malik had filed a writ petition seeking his medical treatment as he is suffering from serious Cardiac and Kindey ailments etc. besides other severe diseases.

A Single Bench of Justice Anoop Kumar Mendiratta ordered, “As requested by learned counsel for the petitioner, medical report/record of the petitioner be called from concerned Superintendent Jail, Tihar before the next date of hearing. Superintendent Jail is also directed to ensure that necessary medical treatment is duly provided to the petitioner at Jail Hospital, in accordance with Rules.”

Advocate Rais Farooqui represented the petitioner while Advocate Rajat Nair represented the respondents.

Earlier on December 5 last year, the High Court had listed for hearing on February 14, a plea by the National Investigation Agency (NIA) seeking death penalty for Yasin in a terror funding case. He has been presently serving a life term in the case.

Yasin has been awarded a life term for two offences under Section 121 of the Indian Penal Code (IPC) and Section 17 of the Unlawful Activities (Prevention) Act, 1967 (UAPA). He had pleaded guilty to the said charges.

The counsel for the respondents requested for an adjournment as Solicitor General was stated to be unavailable. While the counsel for the petitioner submitted before the court that Yasin Malik is a patient of cardiac and kidney ailments and was earlier examined by the doctors. He further prayed for issuing directions to the authorities to refer him for proper and necessary treatment in AIIMS (All India Institute of Medical Sciences) or any other hospital of super-specialty.

On the other hand, the counsel for the respondents contended that Yasin has suppressed material facts and is a high-risk security prisoner. He said that a letter was received from the Superintendent of Prison, Central Jail, Tihar, requesting an alternative consultation method instead of physical appearance of Malik but the Jail Authorities informed that he denied to join the Board Meeting through virtual mode. It was further submitted that he is not required to be admitted in the hospital, but only requires examination as an OPD patient in the first instance.

The Court in view of the above submissions noted, “In response to submissions made by Mr. Rajat Nair, learned counsel for the petitioner seeks an adjournment to take instructions, if the petitioner would opt for examination by the Doctors/Board referred in letter dated 06.12.2023 or by the Doctors of his own preference.”

It, therefore, adjourned the matter and directed that the copy of its order be forwarded to the Tihar Jail Superintendent for information and compliance.

Accordingly, the High Court listed the case on February 14, 2024.

Cause Title- Mohammad Yasin Malik v. Union of India & Ors.

Appearance:

Petitioner: Advocates M. Asad Beig and Anil Kumar.

Respondents: Solicitor General Tushar Mehta, ASG Chetan Sharma, CGSC Apporv Kurup, Advocates Amit Gupta, Nidhi Mittal, Akhil Hasija, Vikramaditya Singh, Muskan Gupta, Gauri Goburdhun, Aparna Arun, Gujas Narula, Aanchal, GP Sahaj Garg, ASC Amol Sinha, Advocates Kshitiz Garg, Ashvini Kumar, and Chavi Lazarus.

Click here to read/download the Order