"He May Die At Any Moment, Might Meet Same Fate As Stan Swamy": UAPA Accused Atiq Ur Rehman's Relative Moves Allahabad HC Seeking Bail

UAPA Accused Atiq Ur Rehman's father-in-law, Shakhavat Kha has moved to the Allahabad High Court seeking an urgent hearing, and his admission to AIIMS and enlargement on bail in the alternative, on account of an extreme medical emergency. 

The application has been moved in a Habeas Corpus plea already filed on account of his unlawful judicial custody through Advocates Shashwat Anand and Syed Ahmed Faizan.

It may be noted that Rehman was held by UP Police on his way to Hathras along with a Kerala journalist (Siddique Kappan) and 2 others while they were going to meet the family members of a gang-rape and murder victim.

He was slapped with Sections 17 and 18 of Unlawful Activities (Prevention) Act (UAPA), Sedition (S. 124-A IPC), Promoting enmity between different groups on ground of religion (S. 153-A IPC), deliberate and malicious acts intended to outrage religious feelings (S. 295-A IPC) and Section 65, 72 and 75 of the IT Act.

It has been submitted in the application that the applicant (Atiq Ur Rehman) has a long history of severe cardiac ailments and has been suffering from Severe Aortic Regurgitation for a long, for which he was had been undergoing treatment at AIIMS, New Delhi, prior to his captivity in District Jail, Mathura.

The application further avers that keeping him deprived of proper care and medical facilities suited to his health situation, which has aggravated his medical condition to such extent that HE MAY DIE AT ANY MOMENT.

It has also been alleged that the State and Jail Authorities have hardly paid any heed to his fatal ailment, keeping him devoid of the proper medical care, treatment and facilities, and have shown nothing but indifference, insensibility, barbarism, and apathy towards his hapless and mortal condition, left wholly at the mercies of fate and providence.

Against this backdrop, the application submits that it is manifest that the present case of the Applicant has put him in a lethal life-and-death situation, where any delay in taking up the instant application for urgent hearing and interim directions can result in his terrible and macabre demise, consigned to the fate suffered by STAN SWAMY, to be known as a cold and cruel Institutional Killing.

Further, stressing that if Judiciary doesn't come to his aid immediately, to SAVE HIS LIFE, it might be too late, and he would be resigned to the harshest penalty of all, known to mankind, i.e., the DEATH PENALTY, WITHOUT A TRIAL.

"That, it is submitted that the same shall be one of the darkest days in the sanguine history of Independent India and it would go on to leave an indelible blot and blood-prints on the beautiful face of the divine and majestic Indian Judiciary," the plea further avers.

Lastly, the plea prays for urgent hearing of the matter, and seeks direction that the Applicant (Atiq Ur Rehman) be admitted to AIIMS, New Delhi, for Surgical Intervention (Bentall Procedure) for his fatal Aortic Regurgitation condition.

In the alternative, the plea seeks enlargement of the applicant on bail on account of his exigent and precarious medical emergency.