Delhi HC refrains from directing treatment for Yasin Malik at AIIMS, asks Tihar Jail to provide adequate medical care

Perusing the jail’s report, Justice Krishna recorded, “Apparently from the report received from Tihar Jail, it does not seem that he is suffering from any life-threatening ailment… The petition is disposed of with a direction to the jail authorities to provide appropriate medical treatment as per his condition and in case the said treatment is not available there, the same may be provided in the hospitals having the requisite facility.”

Malik, through his lawyer, had moved the high court in November 2024, while he was on a hunger strike, seeking “urgent medical treatment and admission in the hospital owing to deteriorating health”. At the time, his lawyers had highlighted that “he is not in a position to move his legs”, prompting the court to direct the jail superintendent to ensure that necessary medical treatment is provided to him.

On Friday, while Malik’s counsel told the court that the jail does not have a cardiologist, the Centre, however, submitted that a fresh notification has been issued by the authorities that restricts his movement beyond the jail or Delhi.

As per a notification issued by National Investigation Agency (NIA) through the Ministry of Home Affairs on December 19, 2023, in effect since December 11, 2023, under section 268 of the Criminal Procedure Code, and re-issued extending it periodically, Malik is not allowed to be taken out of Tihar jail and out of the jurisdiction of the National Capital Territory of Delhi.

Malik had objected to such orders, submitting that they “are being passed periodically in a routine and mechanical manner without taking stock of the threat perception to the petitioner or from the petitioner or other factors to be relevant to be taken into consideration for passing such draconian, harsh and illegal orders.”

The separatist leader, in his plea, had highlighted that he suffers from serious ailments, including that of the heart and kidney, and that he was last taken for a medical check-up in May 2022, to AIIMS New Delhi to see a cardiologist and nephrologist. He had also complained that he had lost 14 kg “due to negligent and malafide acts of the respondents” which has led to “deterioration in his health”.

He underwent an aortic valve replacement in 1992 and has been on life-saving anticoagulants since, and has also undergone four ear surgeries and five surgical interventions for kidney stones in the past, according to the petition.

Malik had also moved a similar plea in February 2024 and following court directions, he was taken to AIIMS for physical examination and medical treatment. In a medical status report of February 13, 2024, filed by the office of the Superintendent of Prisons, before the court at the time, it had noted that Malik “voluntarily and as per his own wish stopped taking the prescribed medicines [Tab. Acitrom 4 mg] since around the past ten days” and that he also “denied BP, PR Temp, Sp02 ECO Examinations.”

He was also referred to the AIIMS Emergency wing at the time as a blood parameter pertaining to coagulation had dropped beyond normal levels, whereafter appropriate treatment was given. The court had then disposed of the plea on February 14, 2024.