The Supreme Court has directed AIIMS Jammu to form a special medical team to examine jailed former Kashmir High Court Bar Association president Mian Abdul Qayoom. The Court clarified it will not grant bail on merits but will consider relief based on his medical condition.
The Supreme Court on Tuesday directed the All India Institute of Medical Sciences, Jammu to form a special team of doctors to medically examine former Kashmir High Court Bar Association (KCBA) president Advocate Mian Abdul Qayoom, who is currently lodged in jail in a case registered under the Unlawful Activities (Prevention) Act, 1967 (UAPA).
A Bench of Justices MM Sundresh and N Kotiswar Singh was hearing Qayoom’s petition challenging the order of the Jammu & Kashmir and Ladakh High Court, which had earlier refused to grant him medical bail in connection with the murder of advocate Babar Qadri.
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During the hearing, the Supreme Court made it clear that it was only concerned with Qayoom’s present health condition and not with the merits of the criminal case against him. The Bench observed,
“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 Court further instructed that the medical team’s report must clearly mention the treatment facilities available in Jammu and whether there is any requirement to shift Qayoom to Delhi for better medical care.
“The report is to be filed within three weeks,”
the Court added.
Advocate Mian Abdul Qayoom was arrested in 2020 on allegations that he was part of a larger conspiracy to assassinate advocate Babar Qadri. An FIR was registered in the same year invoking provisions of the Indian Penal Code (IPC), the Arms Act, and the Unlawful Activities (Prevention) Act, 1967. Since then, he has remained in custody.
Earlier, Qayoom had approached the trial court seeking medical bail, but his plea was rejected. He then moved the High Court of Jammu & Kashmir and Ladakh, which also declined to grant relief on medical grounds. Aggrieved by this decision, he approached the Supreme Court seeking intervention.
Senior Advocate S Muralidhar, appearing for Qayoom, argued that his client is aged 77 and is suffering from serious health issues. He informed the Court,
“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.
On the other hand, Additional Solicitor General (ASG) KM Nataraj, representing the Union Territory, opposed the plea. He submitted that Qayoom’s health condition is stable and that he is receiving proper medical attention in custody.
“He is being provided the best treatment as and when required at the Government Medical College, Jammu,”
the ASG argued.
After hearing both sides, the Supreme Court clarified that it was not inclined to grant bail based on the merits of the case at this stage. However, it agreed to examine his medical condition independently through a team of experts.
The Bench stated,
“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 listed for further hearing on March 24. The Court’s final decision on any possible medical relief will depend on the report submitted by the special medical team constituted by AIIMS Jammu.
Case Title:
Mian Abdul Qayoom v. Union Territory of Jammu and Kashmir.
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