Supreme Court directs AIIMS Jammu to constitute medical team to assess jailed ex-Bar President Mian Qayoom

The Supreme Court on Tuesday directed the All India Institute of Medical Sciences (AIIMS) at Jammu to constitute a team to conduct medical examination of former Kashmir High Court Bar Association (KCBA) president Advocate Mian Abdul Qayoom who is currently in jail in a case under the Unlawful Activities Prevention Act (UAPA) [Mian Abdul Qayoom v. Union Territory of Jammu and Kashmir.]

A Bench of Justices MM Sundresh and N Kotiswar Singh was hearing Qayoom’s plea challenging a Jammu & Kashmir and Ladakh High Court order refusing him medical bail in connection with the murder case of advocate Babar Qadri.

“The only issue for consideration is the medical condition of the petitioner. For that limited purpose, we direct the Director, AIIMS Jammu, to constitute a special medical team to examine the petitioner, including assessing the need for palliative care,” the Court ordered.

The Bench further directed that the medical report shall indicate the facilities available in Jammu and whether there is any need to transfer Qayoom to Delhi for further treatment.

“The report is to be filed within three weeks,” the Court added.

Qayoom was arrested in 2020 on allegations that he was part of a conspiracy to assassinate advocate Babar Qadri.

A first information report (FIR) registered the same year invoking provisions of the Indian Penal Code (IPC), the Arms Act and the Unlawful Activities (Prevention) Act, 1967 (UAPA).

Qayoom's plea for medical bail was first rejected by the trial court.

Aggrieved by this, he moved the High Court, which declined to grant him relief on medical grounds.

He then approached the top court.

Senior Advocate S Muralidhar, appearing for Qayoom, pressed for bail on medical grounds.

“May I indicate that he is 77 years old, has a single kidney, and has a heart pacemaker. We are urging consideration for palliative care..,” he submitted.

Appearing for the Union, Additional Solicitor General (ASG) KM Nataraj contended that Qayoom has been periodically examined and that his condition is stable.

“He is being provided the best treatment as and when required at the Government Medical College, Jammu,” the ASG argued.

The Bench said it will not allow bail on merits but will examine his medical condition.

“On merits, we are not inclined to interfere. However, on medical grounds, a medical team will be constituted to examine him... Otherwise, we are not inclined to grant any relief.”

The matter has now been posted for further consideration on March 24.