On November 8, the Delhi High Court addressed a petition from Kashmiri separatist leader Yasin Malik seeking urgent medical care for cardiac and kidney issues while incarcerated. The court directed Tihar Jail officials to ensure he receives necessary treatment and submits a medical report. Malik argues that his rights are being violated, stressing the need for immediate care and access to court appearances.
New Delhi: On November 8, the Delhi High Court took note of a petition from Kashmiri separatist leader Yasin Malik, who sought immediate medical attention for serious cardiac and kidney ailments at a super-specialty hospital. Justice Anoop Kumar Mendiratta directed the Tihar Jail superintendent to ensure Malik receives the necessary medical care in line with Delhi Prison Rules, 2018 and to submit a detailed medical report on his condition.
The plea, titled Mohammad Yasin Malik vs. Union of India & Ors., was filed amidst reports that Malik has been on a hunger strike since November 1, protesting inadequate medical treatment for his conditions. His counsel stressed that Malik’s cardiac and kidney ailments require immediate and specialized attention.
The High Court, acknowledging the severity of Malik’s situation, ordered the jail superintendent to “ensure that necessary medical treatment is provided to the petitioner, in accordance with Delhi Prison Rules, 2018” and to submit an official medical status report on Malik’s health.
Malik, who led the now-banned Jammu and Kashmir Liberation Front (JKLF), is currently serving a life sentence in Tihar Jail after his conviction under the Unlawful Activities (Prevention) Act (UAPA) for a terror funding case. He has alleged that his health is deteriorating due to negligence, particularly citing bilateral kidney stones that have gone untreated. According to Malik’s plea, the lack of consistent medical care has made his organs vulnerable, with the risk that he “may slip into a coma” if untreated.
Malik’s petition underscores a constitutional argument, stating that “it is a settled principle of law that imprisonment does not spell farewell to fundamental rights.” He contends that inmates still retain the basic protections under Part III of the Indian Constitution and that neglecting these rights infringes upon his entitlement to medical care. The petition requests that Malik’s treatment be conducted at AIIMS or another super-specialty hospital in Delhi or Srinagar.
This isn’t Malik’s first appeal for medical relief; he had approached the High Court in February with a similar plea. At that time, the Central government assured the Court that it would provide any required medical treatment, leading to the disposal of the case.
In his latest plea, Malik also argues that authorities are preventing him from attending hospital appointments and court appearances. He claims that an order issued in December 2023 under Section 268 of the Code of Criminal Procedure (CrPC) is being misused to “prevent his physical production before courts” and restrict hospital visits under the pretense of security concerns.
Malik has requested the High Court to revoke the Section 268 order, asserting that it obstructs his legal rights. He appeals for the Court to instruct authorities to permit his physical presence at future court proceedings, emphasizing his need for justice and access to due process.
As Malik’s plea awaits further hearing, the case underscores a critical intersection of fundamental rights and prisoner welfare within the judicial framework, echoing his sentiment that “imprisonment does not spell farewell to fundamental rights.”
Read the Order here:
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE
