Delhi HC Orders Proper Medical Treatment for Yasin Malik

The Delhi High Court on Friday directed the Superintendent of Tihar Jail to ensure proper medical treatment for separatist leader Yasin Malik, serving a life sentence in a terror funding case. Malik alleges serious cardiac and kidney problems.

The court was apprised by the counsel for the Central government and Director General of Prisons (Tihar Jail) that the petition suffers from serious suppression of facts, asserting that Malik was refusing the treatment provided by authorities.

Justice Anoop Kumar Mendiratta directed the counsel for the Centre and DG (Prisons) to present records demonstrating Malik’s refusal of treatment. The superintendent of the relevant jail was also instructed to provide Malik’s medical report by the next hearing scheduled for February 14.

Malik’s plea seeks a directive for authorities to produce the record of his treatment, urging referral to AIIMS or any private super specialty hospital in Delhi or Jammu and Kashmir. The petition, filed on behalf of Malik through his mother Aatika Malik, emphasizes serious cardiac and kidney ailments.

The counsel for the authorities contended that Malik is a “very high-risk security prisoner,” proposing that the medical team be brought to the jail. The court requested the submission in writing for consideration.

Advocate Rajat Nair, representing the Centre and DG (Prisons), stated that AIIMS constituted a medical board, but Malik declined examination. Consultations through video conferencing were suggested, but Malik desired a physical examination at the hospital. Nair mentioned efforts made by senior professors from AIIMS for diagnosis, which Malik refused. The court asked for the reason behind objecting to the current doctors.

Malik’s lawyer cited a change in doctors and a new medical board, expressing concern over the switch. The court urged clarification and emphasized Malik’s right to treatment. Nair asserted Malik’s examination as an outpatient and the court directed the superintendent to ensure necessary treatment at the jail hospital.

Jammu and Kashmir Liberation Front chief Malik received a life sentence in 2022 under the Unlawful Activities (Prevention) Act (UAPA) and IPC. The National Investigation Agency (NIA) has appealed for the sentence’s enhancement, seeking the death penalty. The life term was awarded for offenses under UAPA and IPC, while additional sentences were imposed for various charges related to terrorism and conspiracy.