Delhi High Court seeks medical report on health condition of terror convict Yasin Malik

The Delhi High Court on Friday (November 8) issued notice on a plea by convicted Kashmiri separatist leader Yasin Malik seeking urgent medical treatment at a super-specialty hospital for cardiac and kidney-related ailments [Mohammad Yasin Malik vs. Union of India & Ors.]..Justice Anoop Kumar Mendiratta also directed the jail superintendent at Tihar jail to provide necessary medical treatment to Malik in the meanwhile, in accordance with the Delhi Prison Rules, 2018. During the hearing, Malik's counsel submitted that he has been on a hunger strike since November 1 to demand adequate medical treatment for his heart and kidney related diseases.The Court proceeded to direct the jail superintendent to submit a medical status report on Malik’s health condition as well."Keeping in view the submissions made by learned counsel for the petitioner, let medical status report of the petitioner be called from the Superintendent Jail. Superintendent Jail is further directed to ensure that necessary medical treatment is provided to the petitioner, in accordance with Delhi Prison Rules, 2018," the Court ordered..Malik, the former chief of the banned Jammu and Kashmir Liberation Front (JKLF) is presently serving a life imprisonment sentence at Tihar jail after his conviction in a terror funding case under the Unlawful Activities (Prevention) Act (UAPA).In his plea, Malik has claimed that the jail authorities are neglecting the treatment of his health ailments. He submitted that he has been suffering from bilateral kidney stones which needs attention. He added that the due to irregular medical treatment, his organs are becoming vulnerable and that he may slip into coma.“It is settled principle of law that the imprisonment does not spell farewell to fundamental rights although by a realistic reappraisal, courts cannot refuse to recognize the full monopoly of Part III of the Indian Constitution available to other citizens," the plea further stated.He has, therefore, urged the Court to order his medical treatment at the All India Institute of Medical Sciences (AIIMS) or any other super specialty hospital in Delhi or Srinagar. .This is the second time this year that Malik has moved the High Court seeking such relief. The High Court had disposed of one such plea in February this year after the Central government assured that it will provide all requisite medical treatment, as an when required. .In the latest plea, Malik also claims that the authorities were preventing his access to hospitals and preventing his physical production before courts under the "garb" of an order passed in December 2023 under Section 268 (orders preventing the removal of persons from jail) of the Code of Criminal Procedure (CrPC). Malik has, therefore, urged the High Court to revoke this Section 268 communication as well and order the authorities to produce him physically before courts as and when his physical presence is required. .Advocates Irshad Harif, M Asad Beig and Khalid Azeer appeared for Yasin Malik..[Read order]