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Synopsis

The Delhi High Court, on Monday, ordered shifting of Kashmiri Separatist Altaf Ahmad Shah, who is currently in jail and facing trial, for an alleged terror funding case being investigated by the NIA, be transferred from Ram Manohar Lohia Hospital (RML) to All India Institute of Medical Sciences (AIIMS) for appropriate treatment, after being diagnosed with cancer.

Justice Sudhir Kumar Jain noted that according to the medical record submitted on behalf of Shah, he is suffering from a variety of ailments and has also been diagnosed with Renal Cancer, though no such medical documentation has been submitted on his behalf.

Senior Advocate Trideep Pais appearing for Shah stated that his daughter recently visited the RML Hospital and discovered that he is in the final stages of Renal Cancer. It is also contended that the RML hospital lacks the necessary resources to treat Renal Cancer and that it has already spread to various parts of the body, that Shah is suffering from multiple organ failures, and that he requires immediate treatment at any other hospital.

Pais also contended that Shah be immediately transferred to either Apollo Hospital or AIIMS Hospital in Delhi for appropriate necessary treatment, and his daughter/son be allowed to meet him so that he can be very well looked after by family members during his treatment.

Pias also submitted an affidavit sworn by Shah’s daughter in which she deposed that, according to the information provided by the doctors on duty at RML Hospital, her father is suffering from Renal Cancer.

On the contrary, the Special Public Prosecutor (SPP), Akshai Malik, for National Investigation Agency (NIA) argued that there is no medical record indicating that the petitioner has Renal Cancer, and the concerned doctors at RML Hospital have not recommended his transfer to another hospital.

Taking note of the Submissions, Justice Jain stated, “without going into the merits of the case as the right to have adequate and suitable treatment is the part of a fundamental right as enshrined in Article 21 of the Constitution and after considering the totality of the circumstances and in the interest of justice it is ordered that the petitioner be shifted to AIIMS, Delhi for appropriate treatment under the judicial custody and direct supervision of the concerned Jail Superintendent and after following all necessary security measures.”

The single-judge bench also stated that any expenses incurred in transporting Shah from the RML Hospital to the AIIMS Hospital in Delhi, as well as any additional treatment, will be borne by him.

Court also added that “In the exigency of the circumstances, the Special Judge may take up the matter at his residence also during vacations.”

Case Title: Altaf Ahmad Shah vs. National Investigation Agency