J&K High Court has directed superintendent of Tihar Jail to ensure that medical treatment was provided continuously to the incarcerated President of Kashmir High Court Bar Association, Mian Abdul Qayoom.
Detained under Public Safety Act (PSA) in August last year, Qayoom was initially lodged in Central Jail Srinagar where from he was shifted to central Jail Agra in UP and subsequently to Central Jail, Tihar Delhi.
While deciding a plea by Qayoom’s wife, a division bench of Chief Justice Gita Mittal and Justice Rajnesh Oswal directed the jail superintendent to ensure the tests of 69-year-old renowned lawyer were conducted as are medically advised keeping in view his fragile state of health, especially regarding his kidney and cardiology problems.
Family of Qayoom had expressed apprehension with regard to his health and difficulties which he may face to discharge his religious obligations during the holy month of Ramadhan in the Tihar Jail.
Regarding apprehensions about the possibility of Qayoom getting COVID19 infection on account of overcrowding and unhygienic condition in the jail, the Court said the jail authorities apparently were following the requisite protocols for ensuring social distancing to ensure COVID19 containment and prevention of the infection of prisoners.
While the jail authorities reported to the Court that 3,548 inmates were released on interim bail and emergency parole to decongest the jail, they said the principle of social distancing was being followed in the jail which included maintaining of one-meter distance amongst the inmates at common areas frequented by the inmates like dispensary, hospital, bathing area, kitchen area besides telephone area.
The authorities said disinfectants were regularly used in the jail and face masks were being provided to all the inmates and hygiene was maintained.
With regard to submissions by senior counsel, Z A Qureshi on behalf of Qayoom that the authorities have not considered release of the lawyers’ body President under section 19 of the PSA which enables the government to revoke detention order and section 20 which enables temporary release of the person detained, the Court left it open to the applicant to raise these issues in appropriate legal proceedings.
Senior additional advocate general, BA Dar, on behalf of J&K government said a committee constituted for releasing prisoners has taken a view that the release of a PSA detainee was not covered in the guidelines issued by the Supreme Court. “Therefore, the request of the applicant for release can’t be considered by it,” he said.
Following these submissions, the Court held that the PIL before it involves issues pertaining to general public interest and not the individual ones.
The Court, however, said it considered the issues raised by Qayoom’s wife as an exception, keeping in view the apprehensions expressed about the detainee’s fragile medical condition, Ramadhan and the risk on account of COVID19.
The Court directed registrar judicial, Jammu to transfer electronically the application and replies filed by government and Tihar jail to his counterpart in Srinagar wing of the High Court for placing the same on the record appeal filed by Qayoom against the PSA detention which is listed before a bench at Srinagra on May 4.
In keeping with the Court directions, Qayoom who was produced before the division bench through video conference told the Court that he and other jail inmates at Tihar have no money to purchase milk and fruits during Holy month of Ramadhan. The Jail superintendent who was also present submitted that he shall ensure steps were taken for ensuring provision of such dietary requirements of Qayoom.
