The Delhi High Court on Friday directed Tihar Jail authorities to provide separatist leader Yasin Malik, who is serving a life sentence in a terror case, with medical treatment appropriate to his condition, and to shift him to a hospital equipped with the required facilities if such care is unavailable inside the prison.
Justice Neena Bansal Krishna noted that Malik’s petition relied on medical documents from 2017, and that the latest report submitted by Tihar Jail did not indicate any life-threatening illness.
“Apparently from the report received from Tihar Jail, it does not seem that he is suffering from any life-threatening ailment,” the court observed. The judge added that if the necessary treatment “is not available there, the same may be provided in the hospitals having the requisite facility.”
Malik had approached the court seeking directions for specialised medical care, including treatment at AIIMS, Delhi, or any super-speciality hospital in Delhi or Srinagar. His counsel argued that he is a cardiac patient, that Tihar Jail has no cardiologist, and that he must be taken to AIIMS for proper evaluation.
Opposing the plea, the central government’s counsel told the court that Malik is a high-risk prisoner and that the authorities have recently issued fresh communication restricting his movement outside Tihar Jail and beyond the jurisdiction of the national capital.
The government also informed the court that Malik had gone on hunger strikes several times—in July 2022, December 2023, August 2024 and September 2024—during which he refused food and medicine but was given the requisite care “to avoid any untoward incident”.
In his petition, Malik claimed he suffers from “serious cardiac and kidney ailments” and is facing a “life and death situation”. He alleged that despite serious episodes requiring hospitalisation or court presence, he was not taken to medical facilities or produced before the trial court due to restrictions under Section 268 of the Code of Criminal Procedure, which limits his movement to Tihar Jail and Delhi.
Malik was sentenced to life imprisonment on May 24, 2022, after being convicted of offences under the Unlawful Activities (Prevention) Act and the Indian Penal Code. The National Investigation Agency has filed an appeal seeking enhancement of his sentence to the death penalty.
He had earlier filed a similar plea for medical treatment, which was disposed of after evaluation by AIIMS doctors and the medical care provided thereafter.
With the observations made, the high court disposed of the petition, reiterating that Malik must receive appropriate treatment either within Tihar Jail or, if unavailable, at a suitable hospital equipped with the required medical facilities.
