Make sure Tahir Hussain’s surgery is conducted in 15 days: Delhi court

“Ld. SPP is correct in his contention when he states that the surgery is an elective surgery and therefore, there is no urgency for any medical intervention. However at the same time, delays in accused / applicant being taken to the hospital are clearly reflected from the report of the jail authorities. Merely because a person has been advised surgery which is elective in nature, the said person cannot be denied his right to exercise that option,” ASJ Singh added.

“It is evident that it is the State which is holding the accused in its custody and had it not been so, the accused would have had his choice to get his treatment done by a doctor of his choice which is not possible in view of his incarceration. Therefore, the State is duty-bound to provide medical treatment as needed and has to do so with utmost urgency.”

According to the Delhi Police Special Cell, Hussain played the role of a “conspirator” in the riots and the terrace of his building was allegedly used by rioters to throw stones and petrol bombs. He was called a key local player by the Special Cell with considerable mass support who aided the “conspiracy”. Hussain has also been an accused in the case of killing of an Intelligence Bureau (IB) staffer during the riots. The Special Cell further alleged that money provided by Hussain was used to manage protest sites.