HC directs Tihar Jail superintendent to make sure correct medical remedy to Yasin Malik – Kashmir Reader

New Delhi, Feb 2: The Delhi Excessive Court docket on Friday directed the Superintendent of the Tihar Jail to make sure correct medical remedy to separatist chief Yasin Malik, who’s serving life sentence in a terror funding case.Malik claims to be affected by severe cardiac and kidney issues.The excessive courtroom was knowledgeable by the counsel for the Central authorities and Director Basic of Prisons (Tihar Jail) that the petition suffers from severe suppression of information and that Malik was refusing remedy being given to him by authorities.Justice Anoop Kumar Mendiratta requested the counsel for the Centre and DG (Prisons) to supply the report to indicate that the inmate was refusing remedy and in addition requested the superintendent of the jail involved to put earlier than it the medical report of Malik by the subsequent date of listening to.The excessive courtroom listed for February 14, Malik’s plea searching for a course to the authorities to supply the report of his remedy and refer him to AIIMS or any personal tremendous specialty hospital right here or in Jammu and Kashmir for correct and mandatory remedy as he was affected by severe cardiac and kidney illnesses.The petition has been filed on behalf of Malik via his mom Aatika Malik.Because the counsel for the authorities contended that Malik was a “very excessive threat safety prisoner” and subsequently, the medical staff could be introduced within the jail itself, the courtroom requested him to put his stand in writing in order that it may be thought of.Advocate Rajat Nair, representing the Centre and DG (Prisons), contended {that a} medical board was constituted by the All India Institute of Medical Sciences (AIIMS). Nonetheless, Malik refused to be examined.He stated these days session with medical doctors is being held via video conferencing in jail however the inmate needs to go to the hospital bodily.He added that senior professors from AIIMS had been referred to as for prognosis twice however he refused and the authorities are prepared to rearrange one other session with the medical doctors.On being requested by the courtroom as to what was the objection, Malik’s lawyer stated he was earlier being handled by different medical doctors and abruptly the authorities have modified the medical doctors and a brand new medical board has been shaped.The counsel additional stated he’ll search directions from his shopper if he want to go for examination by the identical set of medical doctors or by one other set of his desire.”Inform us the explanation that you just really feel prejudiced if examined by these present medical doctors. How can we presume something towards the medical doctors? You’ve gotten a proper of remedy which is properly recognised and we recognize it. “However to say that you just wish to be handled by some explicit physician, we’ve got a reservation to it,” the decide instructed Malik’s counsel.In the course of the listening to, Nair additional submitted that Malik will not be required to be admitted to a hospital however he was solely required to be examined as an OPD affected person.The excessive courtroom stated in case a affected person requires an examination contained in the hospital it will probably’t be insisted that he will probably be examined in jail solely and requested the authorities’ lawyer to get directions on this regard because the prisoners even have a proper to well being.To this, Nair stated, “the state is responsibility sure to provide the proper of well being to an inmate however he’s a really excessive threat safety prisoner and subsequently, the medical staff could be introduced within the jail itself”.The courtroom stated, “Within the meantime, the superintendent of jail is directed to make sure that any remedy required by the petitioner is duly supplied to him on the jail hospital in accordance with the legislation”.The Jammu and Kashmir Liberation Entrance chief was awarded life imprisonment by a trial courtroom right here on Could 24, 2022, after holding him responsible for varied offences underneath the stringent Illegal Actions (Prevention) Act (UAPA) and the IPC.The Nationwide Investigation Company (NIA) has filed an attraction within the Delhi Excessive Court docket searching for enhancement of the sentence from life time period to loss of life penalty, which is the utmost punishment for the offence.The life time period was awarded for 2 offences – part 121 (waging conflict towards authorities of India) of IPC and part 17 (elevating funds for terrorist act) of the UAPA.The courtroom had awarded Malik 10-year jail time period every underneath sections 120 B (prison conspiracy), 121-A (conspiracy to wage conflict towards the federal government of India) of IPC and sections 15 (terrorism), 18 (conspiracy for terrorism) and 20 (being a member of terror organisation) of UAPA.–(PTI)

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