A Delhi Court on Thursday directed that Bhim Army Chief Chandra Shekhar Azad should be given treatment at AIIMS for his special medical conditions.
The Tis Hazari Chief Metropolitan Magistrate Arul Varma also expressed displeasure at Tihar jail authorities for not giving Azad the special treatment despite knowing about his peculiar medical problem.
"It is the duty of the state to preserve life whether person is incarcerated or outside prison", CMM Arul Varma observed.
The Court noted that there were reports of two doctors who have categorically said that the accused's clinical diagnosis is polycythaemia.
Azad was arrested by Daryaganj police on December 21 for allegedly inciting violence during anti-CAA protests. The Court was considering his application for medical treatment.
The application stated that Azad was suffering from polucythemia, a disease of blood thickness, and "requires continuous checkup from the doctors concerned from AIIMS, who are supervising his treatment for a long time".
If the treatment was not provided urgently to Azad, it might lead to cardiac arrest, the application moved through advocate Mehmood Pracha said.
"The jail authorities don't know the treatment required. They are treating him for conjunctivitis. Tooth extraction was required. But he was having heaviness of eyes and itching over the body. He needs to go to AIIMS", Pracha submitted in Court today.
"He's not a hardened criminal, he's a political prisoner. He needs proper medical attention", he added.
Pracha also submitted that the jail authorities were not giving the required treatment although Azad had informed them about it.
The jail officer submitted that they had been giving the proper treatment and opposed the prayer for treatment at AIIMS.
The Court was not happy with the objection to treatment at AIIMS.
""Why should there be an objection unless there's a specific provision in jail manual on the basis of which he can't be sent to AIIMS?", the judge asked.
Pracha asserted that it was a matter of life. "Even if it was a private hospital, I need the doctor who was treating me, who has my records and knows my case to treat me. I'm paying for the treatment, not asking govt to pay. What's the problem?"
Pracha pricks holes in the explanations of medical officer." He doesn't know what he's saying. A man's life is at stake, and he comes, without knowing about the condition, because he's not a qualified doctor for the condition, and says confirmations are required".— Live Law (@LiveLawIndia) January 9, 2020
Pracha pricks holes in the explanations of medical officer." He doesn't know what he's saying. A man's life is at stake, and he comes, without knowing about the condition, because he's not a qualified doctor for the condition, and says confirmations are required".
On December 21, duty CMM of Tis Hazari had remanded him to 14 days judicial custody.
He had organized a huge protest march in front of Jama Masjid in Delhi on December 20. Later , an FIR was registered against him for allegedly "instigating the crowd" and "proving violence" in Daryaganj area.
After several persons were detained by police on December 20 night, Azad announced in Twitter that he was surrendering before police in exchange of release of the detainees.
"All those detained should be surrendered and then I'll surrender. Friends, continue fighting and stay united for the Constitution. Jai Bhim and Jai Constitution", he tweeted.