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Synopsis

Jailed Jammu and Kashmir Liberation Front (JKLF) terrorist Yasin Malik has moved the Delhi High Court seeking medical treatment for cardiac and kidney ailments. Malik is seeking physical treatment at the All India Institute of Medical Sciences (AIIMS).

The bench of Justice Anoop Kumar Mendiratta asked Malik's counsel to clarify whether he is willing to be treated by the AIIMS medical board or doctors of his own choice.

The case is scheduled for further consideration on February 14, 2024.

Malik has sought directions to the Central Government to be referred to AIIMS or any other super-specialty hospital for his medical treatment.

During the hearing today, the Central government opposed the petition, challenged its maintainability, and argued that Malik only needs outpatient department (OPD) treatment and does not require admission to the hospital.

Advocate Rajat Nair, representing the government, informed the bench that AIIMS had constituted a medical board to examine Malik through video conference, but he declined to meet them. Nair emphasized that Malik, considered a "very high-risk prisoner," would receive all necessary medical facilities in jail.

The court took note of the submission and instructed Malik's counsel to seek instructions on the matter. Simultaneously, Tihar jail authorities have been directed to ensure that any required treatment for Malik is provided in the jail hospital.

Currently, Malik is serving life imprisonment in connection with a terror funding case. However, the NIA has moved the high court seeking capital punishment for him. The matter is pending for consideration before a division bench of the high court. 

The JKLF terrorist was convicted on May 19, 2022, in connection with the Jammu and Kashmir terror funding and secessionist activities case. The sentence was pronounced on May 25, 2022. NIA Judge Praveen Singh sentenced Mailk to life imprisonment and imposed a fine of Rs. 10 lakhs.

On May 10, 2022 the flag bearer of JKLF pleaded guilty before the NIA court to all charges under the Unlawful Activities (Prevention) Act.

Case Title: Mohammad Yasin Malik v. Union of India & Ors.