74-Yr-Old Separatist Shabir Ahmed Shah Getting Medical Treatment As Needed; NIA Court Directs No 'Unnecessary Handcuffing'
The Special Judge, NIA Cases, Jammu has directed jail authorities to ensure specialized medical treatment for 74-year-old undertrial Separatist Shabir Ahmed Shah whenever required, while also directing that he should not be unnecessarily handcuffed while being taken from jail to a hospital or court.
The order was passed on an application filed by Shah seeking immediate medical treatment and a direction that he not be handcuffed or shackled during his movement from Central Jail, Kot Bhalwal, to a hospital or court.
Special NIA Judge Prem Sagar after considering the medical report furnished by the jail authorities, noted that Shah was suffering from several ailments but was receiving treatment from visiting specialist doctors and physicians.
Taking into account his advanced age and medical condition, the Court directed that he be taken to specialized doctors whenever such treatment was required.
In his application, Shah stated that he was about 74 years old and suffering from hypertension, diabetes mellitus, cervical and lumbar spondylitis, bilateral inguinal hernia, osteoarthritis, coronary artery disease, benign prostatic hyperplasia and other chronic ailments.
He claimed that his condition had deteriorated and that he was suffering from severe pain, requiring immediate medical examination, specialist consultation and treatment at a Super Specialty Hospital. He also expressed apprehension that he could be handcuffed or shackled while being taken to hospital or court, contending that his age, fragile health and physical incapacity made such restraint particularly painful and potentially harmful.
Upon presentation of the application, the Special Court called for the latest medical report from the Superintendent, Central Jail, Kot Bhalwal. The report recorded that Shah was a known patient suffering from multiple ailments and was under treatment from various departments of Safdarjung Hospital, Delhi, including Cardiology, Urology, Neurology, ENT, Eye, Endocrinology and Medicine. He had also been advised surgery for inguinal hernia.
The report further stated that specialist consultants from GMCH and SSH Jammu had visited the jail, examined him and advised investigations. He had also been referred to GMCH/SSH Jammu for further management and investigations.
The jail authorities further reported that Shah was being regularly examined by visiting physicians and was receiving medicines and a medical diet as per protocol. Most of his blood investigations were stated to be within normal limits, and he had also been provided supportive items including a lumbar support belt, soft pillow and back cushions.
The NIA opposed the application to the extent it sought directions based solely on the applicant's assertions regarding his medical condition. DySP Ankit Rohilla submitted that the Jail Authorities of Central Jail, Kot Bhalwal, being responsible for Shah's custody and medical care, were the appropriate authority to assess his present condition and determine whether examination or treatment at a Super Specialty Hospital was necessary.
The NIA also submitted that the question of handcuffing during movement was governed by the applicable law, judicial directions and Jail Rules.
After hearing the parties and examining the record, the Court took note of the medical report showing that Shah was already receiving treatment from specialized doctors. The Court, however, also took into account his age and multiple ailments and directed the jail authorities to ensure further specialized treatment whenever medically required.
The Court observed,
“Admittedly, the accused is of advance stage of 74 years of age and suffering from several ailments and in this eventuality if the applicant requires any specialized treatment be taken to specialized doctor/s by jail authorities as and when needed.”
Thus, the Court did not direct any blanket hospitalization, but placed an obligation on the jail authorities to ensure that specialized medical care is provided whenever his condition requires it.
The Court also dealt with Shah's apprehension regarding handcuffing during his movement from the jail. While directing the authorities to comply with the applicable Jail Manual and rules, the Court specifically ordered that Shah should not be unnecessarily handcuffed.
The Court directed,
“The jail authorities shall follow the rules as per jail manual while taking him to hospital/ court from jail and ensure that accused be not unnecessarily hand cuffed and he shall be escorted by sufficient security personnel to guard him.”
The application was accordingly disposed of and directed to form part of the main challan file.
Case Title: Shabir Ahmed Shah v. National Investigation Agency
Appearance:
Applicant: Mr. Tanveer Ahmed Khan, Advocate