Delhi High Court Issues Notice On Yasin Malik's Plea For Urgent Medical Treatment After Hunger Strike In Tihar Jail

The Delhi High Court on Friday issued notice in the petition filed by convicted Kashmiri separatist leader Yasin Malik seeking permission for his urgent medical treatment in AIIMS or any super speciality hospital after he went on hunger strike in Tihar jail since November 01.

Malik was awarded life sentence in a terror funding case by the trial court in May 2022. He had pleaded guilty in the case and did not contest the charges against him. He is on hunger strike since November 01 over alleged violation of his fundamental rights, his counsel said.

Justice Anoop Kumar Mendiratta sought medical status report of Malik from the concerned jail superintendent and listed the matter for hearing on Monday.

In the meantime, the Court directed the jail superintendent to ensure that necessary medical treatment is provided to Malik in accordance with the jail rules.

Malik has claimed that he suffers from serious cardiac and kidney ailments including other diseases and thus, wants his treatment to be done in AIIMS or any other super specialty hospital in the national capital or in Srinagar, Kashmir.

The petition has been filed through Advocate M Asad Beigh.

Malik's counsel submitted that due to being on hunger strike since November 01, Malik's health condition has deteriorated to the extent that he is presently unable to even stand on his legs.

“This is a very emergent situation…. As of now, he is not in a position to move on his legs. He is moved on a stretcher. There is a very narrow gap between life and death,” his counsel submitted.

“Let a medical status report of the petitioner be called from the concerned superintendent jail on the next date of hearing. Further, keeping in perspective the submissions made on behalf of the petitioner by his counsel, the superintendent jail is directed to ensure that necessary medical treatment is provided to the petitioner in accordance with the jail rules,” the Court ordered.

Malik has also sought a direction on the authorities to produce him before the Courts in Delhi whenever his presence is required.

He has also challenged Union Home Ministry's order restraining him in Tihar Jail and within the territory of Delhi for further 1 year with effect from December 11, 2023.

Malik has alleged that the order in question is misinterpreted by the authorities as there had been occasions when he was neither taken to the hospital nor produced before the Courts despite being seriously ill or when his presence was mandatorily required before the trial court.

National Investigation Agency (NIA) has filed an appeal seeking death penalty for Malik. The same is pending before a division bench.

While awarding Malik a life sentence, the Special Judge had observed that the crime failed the test of the rarest of rare cases as held by the Apex Court.

The judge had also rejected Malik's submission that he had followed the Gandhian principle of non-violence and was spearheading a peaceful non-violent struggle.

The court had framed charges against Malik and various others under the Unlawful Activities Prevention Act (UAPA) in the case, in March 2022.

Others who were charged and claimed trial were Hafiz Muhammad Saeed, Shabbir Ahmad Shah, Hizbul Mujahideen Chief Salahuddin, Rashid Engineer, Zahoor Ahmad Shah Watali, Shahid-ul-Islam, Altaf Ahmad Shah @ Fantoosh, Nayeem Khan, Farooq Ahmad Dar alias Bitta Karate.

However, the Court had discharged three men namely Kamran Yusuf, Javed Ahmad Bhatt and Syeda Aasiya Firdous Andrabi.

Title: NIA v. Yasin Malik