Introduction:

The Delhi High Court has directed the Tihar Jail Superintendent to ensure adequate medical treatment for Kashmiri separatist leader Yasin Malik, convicted in a terror funding case. Yasin Malik sought directions for necessary medical treatment due to cardiac and kidney-related ailments. The court encountered arguments from both parties, addressing concerns over the choice of medical treatment.

Arguments:

Yasin Malik’s plea faced opposition from the Union Government, citing “serious suppression of facts.” The government emphasized that Malik could be treated in jail and questioned the need for admission to AIIMS. Malik’s counsel highlighted his two-year treatment by jail doctors, expressing concerns about potential health impacts with a change in medical board. The court adjourned the matter and sought instructions on Malik’s preference for AIIMS doctors or others.

Court’s Judgement:

The court directed Tihar Jail to ensure Malik’s necessary treatment at the jail hospital while addressing the issue of medical care. The case unfolds amid Malik’s life sentence awarded in May 2022 and the NIA seeking the death penalty, pending adjudication. The Special Judge framed charges under UAPA, observing that the crime did not meet the criteria for the rarest of rare cases. The court discharged some individuals while others, including Hafiz Muhammad Saeed and Salahuddin, faced trial.