Elective Nature Of Surgery No Ground To Deny Treatment In Custody: Delhi Court Orders Tahir Hussain's Operation In 15 Days

A Delhi Court on Friday directed the State to ensure that Delhi riots accused Tahir Hussain's surgery for inguinal hernia is conducted within 15 days and that he is provided with post operative care in hospital as well as in jail.

Additional Sessions Judge Parveen Singh of Karkardooma Courts disposed of the interim bail plea filed by Hussain in relation to FIR 65 of 2020 registered during the North-East Delhi riots.

As per the medical report, the order records, Hussain has a defect of size 2.3 cm seen in the anterior abdominal wall in supra umbilical region through which fat is seen herniating.

In an order passed today, the judge noted that delays in Hussain being taken to the hospital were clearly reflected from the report of the Jail Authorities.

The Court said that merely because a person has been advised surgery which is elective in nature, he cannot be denied his right to exercise that option.

Noting that no date for surgery had been fixed till date, the Court said:

“It is evident that it is the State which is holding the accused in its custody and had it not been so, the accused would have had his choice to get his treatment done by a doctor of his choice which is not possible in view of his incarceration. Therefore, the State is duty bound to provide medical treatment as needed and has to do so with utmost urgency.”

The Court observed that Hussain cannot be denied the right to a speedy treatment, notwithstanding the fact that the surgery is elective in nature.

On this, the Delhi Police SPP said that the State shall ensure that the surgery is conducted within 15 days and that the State will provide all post operative care to him.

Accordingly, the judge ordered:

“The surgery of the applicant, as required, shall be conducted within 15 days from today unless, some medical complications result in delay in the surgery; The applicant shall be provided all post operative care in hospital and in jail as per the recommendations of the doctor.”

Recently, another judge had dismissed the regular bail application filed by Hussain in the Delhi riots larger conspiracy case, saying that he was denied the relief in 2024 as well wherein it was observed that the allegations against him were prima-facie true.