Informing the Allahabad High Court that Atiq-ur-Rehman, a UAPA Accused has been admitted to the All India Institute of Medical Sciences (AIIMS) for his medical treatment, the Uttar Pradesh Government has tendered an unconditional and unqualified apology in the High Court.
Essentially, in compliance with the High Court's November 23rd Order, the Jailor, District Jail, Mathura today filed an affidavit informing the Court that Rehman has been admitted to AIIMS on November 24th and he is presently under the supervision of Doctors of AIIMS, Delhi.
"That the deponent is tendering his unconditional and unqualified apology for the inconvenience if any caused to the Hon'ble Court with further assurance that the deponent shall ensure best medical facility and treatment as directed by the doctors of the AIIMS New Delhi," the affidavit further reads.
In the affidavit, it has also been submitted that being a responsible officer of the State, he shall ensure that all the medical facilities would be provided to Rehman.
Atiq Ur Rehman has been admitted to AIIMS for his treatment : UP Govt (@UPGovt) tells Allahabad High Court.This devlopment comes after the Court, in its 23rd Nov order noted that despite repeated orders of Lucknow Court, adequate medical facility had not been provided to him. pic.twitter.com/TvjwQyzCmv— Live Law (@LiveLawIndia) November 25, 2021
It may be noted that following Allahabad High Court's nudge, the Uttar Pradesh Government yesterday took Atiq-ur-Rehman, a UAPA Accused, to All India Institute of Medical Sciences (AIIMS), for his medical treatment since he has a long history of severe cardiac ailments and has been suffering from Severe Aortic Regurgitation.
Rehman was held by UP Police on his way to Hathras along with a Kerala journalist (Siddique Kappan) and 2 others while they were going to meet the family members of a gang rape and murder victim.
Significantly, a bench of Justice Mahesh Chandra Tripathi and Justice Subhash Vidyarthi, on Tuesday, gave 2 days' time to the Uttar Pradesh Government to come up with a response on a plea moved by Rehman's father in law seeking his admission to AIIMS and enlargement on bail in the alternative, on account of an extreme medical emergency.
The application had been moved in a Habeas Corpus plea already filed on account of his unlawful judicial custody through Advocates Shashwat Anand and Syed Ahmed Faizan.
The application had been filed for a direction to respondents to forthwith admit the first petitioner-Atiq Ur Rehman to AIIMS, New Delhi for Surgical Intervention (Bentall Procedure) due to his fatal Aortic Regurgitation Condition.
In its November 23 order, the Court observed that in spite of repeated orders dated 23.09.2021 and 12.10.2021 passed by Sessions Judge/Special Court, PMLA, Lucknow, but till date, the Court noted, the adequate medical facility had not been provided to the first petitioner (Rehman).
Against this backdrop, at the request of the AGA, the case was passed over for enabling him to seek necessary instructions in the matter and therefore, the matter had been listed for further hearing on November 25, 2021, in the additional cause list.
Background of the case and application
After being held by the UP Police, Rehman was slapped with Sections 17 and 18 of Unlawful Activities (Prevention) Act (UAPA), Sedition (S. 124-A IPC), Promoting enmity between different groups on ground of religion (S. 153-A IPC), deliberate and malicious acts intended to outrage religious feelings (S. 295-A IPC) and Section 65, 72 and 75 of the IT Act.
The application submitted by Rehman's father-in-law averred that keeping him deprived of proper care and medical facilities suited to his health situation, which has aggravated his medical condition to such extent that HE MAY DIE AT ANY MOMENT.
It has also been alleged that the State and Jail Authorities have hardly paid any heed to his fatal ailment, keeping him devoid of the proper medical care, treatment and facilities, and have shown nothing but indifference, insensibility, barbarism, and apathy towards his hapless and mortal condition, left wholly at the mercies of fate and providence.
Against this backdrop, the application submits that it is manifest that the present case of the Applicant has put him in a lethal life-and-death situation, where any delay in taking up the instant application for urgent hearing and interim directions can result in his terrible and macabre demise, consigned to the fate suffered by STAN SWAMY, to be known as a cold and cruel Institutional Killing.
Senior Advocate SFA Naqvi along with Advocates Shashwat Anand and Syed Ahmed Faizan appeared for the petitioners.