Delhi HC orders Tihar jail to provide urgent medical care to Separatist leader Yasin Malik amid hunger strike

On Friday, the Delhi High Court ordered Tihar Jail authorities to provide urgent medical treatment to separatist leader Yasin Malik, who has been on a hunger strike since November 1, 2024. The court issued a notice to the Centre, Delhi government, and Tihar Jail authorities, asking for a detailed health status report of Malik. The order came after a plea was filed by Malik’s legal counsel, urging for immediate medical care due to his severe health condition.

Yasin Malik was sentenced to life imprisonment by a Delhi trial court on May 24, 2022, after being convicted of terror-related offenses under the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC). Malik had been accused of masterminding and participating in activities related to terrorism in Jammu and Kashmir. His legal team argued that Malik, who suffers from multiple health problems, including severe cardiac and kidney ailments, had not received adequate medical attention in prison. According to his counsel, Malik’s health had deteriorated significantly, and he had suffered from rapid weight loss and organ vulnerabilities due to the lack of proper medical care.

In the petition, Malik’s counsel emphasized that he had been on hunger strike for over a week and needed to be transferred to a hospital for urgent treatment. The plea noted that despite Malik’s critical condition, the jail authorities had not complied with his requests for medical care. Malik’s lawyers also pointed to previous instances when his health had worsened, and he had not been provided the necessary medical assistance. They argued that the jail authorities had neglected his medical needs, putting his life at risk.

The Delhi High Court, after reviewing the plea, directed the jail superintendent to ensure that Malik received immediate medical attention as per the guidelines under jail rules. The court also directed the authorities to submit a comprehensive health status report to the court by the next hearing, scheduled for November 11, 2024. Justice Anoop Kumar Mendiratta, who presided over the case, emphasized the importance of adhering to medical protocols for prisoners with serious health issues and instructed the authorities to follow the necessary procedures to ensure that Malik’s health is monitored.

Malik’s deteriorating health has been a concern for several months. Prior to the current hunger strike, Malik had raised similar concerns about the lack of medical care in previous petitions. In 2022, he was examined by doctors at AIIMS after a medical plea was filed, and necessary treatment was provided. However, his legal team maintains that his condition has worsened over time due to prolonged neglect. His health problems are said to include serious heart and kidney issues, which have caused significant distress and put him at high risk of organ failure if not treated promptly.

In addition to the medical care plea, the National Investigation Agency (NIA) has filed an appeal in the Delhi High Court seeking the enhancement of Malik’s life sentence to the death penalty. The NIA's appeal, filed in 2023, argues that the severity of Malik’s offenses, which included planning and executing terror attacks, warrants the highest punishment under Indian law. Malik's conviction under UAPA has led to discussions on the application of the death penalty for terrorists, but this matter remains under judicial review. The Delhi High Court will now consider both Malik’s health status and the NIA’s appeal in the coming weeks.