North East Delhi riots: Court dismisses plea of accused seeking 90 days bail on medical grounds
Dec 21, 2023
New Delhi [India], December 21 : A special court in Delhi on Thursday dismissed the plea of accused Shadab Ahmed, seeking interim bail of 90 days on medical grounds.
Special CBI judge Amitabh Rawat of Rouse Avenue Court dismissed Shadab Ahmed's plea seeking interim bail on the ground that he has been suffering from tuberculosis.
It was stated that the applicant or accused is suffering from tuberculosis, which has spread to the digestive system and his health is precarious.
The Court said that from the medical reports, it appears that the accused, Shadab Ahmad, is
being given proper care and treatment in jail for his tuberculosis ailment. Not only the medication but also the high-protein diet are being continuously given to the accused.
Special judge Rawat was earlier hearing the North East Delhi riots cases and reserved the order in some applications moved by the accused persons.
The Court noted that the accused was also taken to the specialised hospital, the National Institute of Tuberculosis and Respiratory Diseases (NITRD) and it also advised continuing with the anti-tubercular treatment as prescribed by the DOTS Centre at GTB Hospital, which was initiated on August 5, 2023. All other tests were done and acted upon by the doctors.
The special judge observed, "The ailment is not such as to require hospitalisation or surgery. The standardised medications, under the supervision of the doctors, are being provided to the accused. The accused is recovering and his vitals are normal."
The court also dismissed the plea of accused Saleem Malik, alias Munna, who sought six months of interim bail. He sought interim bail on the grounds of arranging the fees for his son, who is a law student and to meet his ailing son.
It was stated that interim bail is sought as he has to arrange semester fee for his son Naseem who is pursuing Law in third year at Meerut and to meet his ailing son Anas, who is suffering from TB and undergoing treatment at GRB Hospital.
The Court said that the son (Naseem) of the accused is a student at a third-year law college and the argument that the semester fees have to be paid is not convincing enough to allow interim bail given the fact that it is not made clear as to how the funds would be arranged. Also, if the funds have to be taken from somebody, then the family members can do the same.
The court further said that regarding Anas, the other son of the accused, who is undergoing TB treatment, it has come on record that he is on ATT since June 15, 2023.
The special judge observed, " As the medication in the said ailment is standardised and for a period of 6-9 months and the fact that the bail application was moved to December 6, 2023, i.e., when the crucial initial period was over and the patient must now be in the recovery phase, this reason is not compelling enough to grant interim bail."
The court further said that there is neither surgery nor hospitalisation required for the said ailment, as per the documents filed. It is also not a case where the medical condition of the son of the accused is such as to warrant medical urgency.
The special judge also dismissed the plea of accused Khalid Saifi, seeking directions for the release of his mobile phone and SIM card or the issuance of a duplicate SIM card.
The court said, "The mobile phone of the applicant/accused, Khalid Saifi and the SIM card have been seized by the IO in the present case. It contains information relevant to this case. Thus, the said mobile or the SIM card cannot be released to the accused."
"Moreover, the issuance and usage of a duplicate SIM card by the wife of the accused can result in data like WhatsApp being deleted or obstructed," the court observed in the order passed on December 21.
It was stated that the said mobile number is linked to essential services like bank accounts, water tax, school updates, electricity bills, etc. It was further stated that, as a consequence of the seizure of the SIM card by the investigating agency, the applicant's family is having difficulty accessing essential services for routine transactions, including the payment of school fees for their children, etc.
