Delhi High Court Orders Medical Treatment for Separatist Leader Yasin Malik on Hunger Strike

The Delhi High Court, on Friday, directed Tihar Jail authorities to provide necessary medical treatment to separatist leader Yasin Malik, who is currently serving a life sentence in a terror case and is reportedly on a hunger strike. Malik, who has been protesting since November 1, has raised concerns over his deteriorating health, with his legal counsel requesting urgent medical attention, including potential hospitalization.

Court Directs Health Status Report and Medical Attention

Justice Anoop Kumar Mendiratta issued a notice to the Centre, Delhi government, and Tihar Jail authorities in response to a plea filed on Malik’s behalf. The plea highlighted Malik’s worsening health condition due to the hunger strike, urging the court to ensure his immediate medical care.

In its order, the court directed the jail superintendent to ensure that Malik receives the required medical treatment in accordance with jail rules. “Let medical status report of the petitioner be called from the jail superintendent. Further, keeping in perspective the submissions made by the counsel for the petitioner, superintendent jail is directed to ensure that necessary medical treatment is provided to the petitioner in accordance with the jail rules,” the court stated.

Yasin Malik’s Life Sentence and Health Concerns

Malik, a prominent separatist leader, was awarded a life sentence by a Delhi trial court on May 24, 2022, after being found guilty of various offences under the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC). These charges stemmed from his involvement in acts of terror and anti-national activities in Jammu and Kashmir.

The National Investigation Agency (NIA), dissatisfied with the life sentence, has filed an appeal in the Delhi High Court, seeking to have Malik’s sentence enhanced to the death penalty, arguing that his crimes warranted the maximum punishment.

Alleged Health Problems and Neglect in Custody

In the plea filed before the Delhi High Court, Malik’s legal counsel stated that he suffers from “serious cardiac and kidney ailments” and is currently in a “life and death situation.” The petition also raised concerns about Malik’s treatment while in custody, alleging that on several occasions, he had been denied access to hospital care despite serious health issues and the need for his presence in court.

“There had been occasions when the petitioner was seriously ill or his presence was mandatorily required before the trial court, but in the garb of Section 268 of CrPC orders, he was neither taken to the hospital nor produced in courts,” the petition read.

Malik’s counsel further claimed that despite his requests for proper health investigations, the authorities had declined to provide him with adequate medical care. The plea criticized the authorities for allegedly subjecting Malik to “rash, irregular treatment” that had led to significant weight loss and rendered his organs vulnerable.

Allegations of Political Motivation Behind Health Neglect

Malik’s legal team has also suggested that his status as a political figure has led to biased treatment, with claims that the authorities have intentionally ignored his health needs due to his controversial standing. “Aggrieved from the malafide and negligent acts of the respondents, the petitioner has been suffering rash, irregular treatment and weight loss, and every organ of the petitioner has been vulnerable,” the plea further stated.

The plea emphasizes that Malik’s health is rapidly declining, and his current condition requires urgent medical intervention, including possible hospitalization. The petitioners have expressed concern that continued neglect could lead to a life-threatening situation for the incarcerated leader.

Ongoing Legal Proceedings and Health Concerns

While Malik’s health continues to be a point of contention, the legal battle surrounding his case also remains unresolved. The NIA’s appeal for a death sentence indicates the ongoing significance of Malik’s actions in national security matters. However, Malik’s hunger strike and worsening health continue to draw attention to the human rights and medical care issues faced by detainees, particularly those held on politically charged charges.

The Delhi High Court’s recent intervention has put pressure on the authorities to act swiftly in addressing Malik’s medical needs. The case raises broader concerns about the treatment of prisoners, especially political figures, and the responsibility of the state to ensure humane conditions of incarceration, irrespective of the individual’s background or political affiliation.