New Delhi: The Delhi High Court has ordered the shifting of incarcerated Kashmiri Hurriyat leader Altaf Ahmad Shah to AIIMS for appropriate treatment after he was stated to have been diagnosed with cancer. Shah is facing trial for an alleged militancy funding case probed by the NIA.
Shah told the court he was receiving treatment for certain serious ailments at Ram Manohar Lohia Hospital (RML) but it was recently revealed he was suffering from the last stage of renal cancer, PTI reported.
While claiming RML does not have adequate facility to treat renal cancer, he prayed he should be allowed to be shifted to AIIMS or Apollo Hospital for urgent treatment.
Justice Sudhir Kumar Jain, without going into the merits of the case under Unlawful Activities Prevention Act, said right to have adequate and suitable treatment was part of the fundamental rights under the Constitution and it was in the interest of justice that the petitioner receives treatment at AIIMS.
“The medical record submitted on behalf of the petitioner reflects that the petitioner is suffering from various ailments. The petitioner is also diagnosed with renal cancer although there is no such medical document submitted on behalf of the petitioner.
“However, without going into the merits of the case as the right to have adequate and suitable treatment is the part of fundamental right as enshrined in Article 21 of the Constitution and after considering the totality of the circumstances and in the interest of justice it is ordered that the petitioner be shifted to AIIMS, Delhi for appropriate treatment under the judicial custody and direct supervision of the concerned jail superintendent and after following all necessary security measures,” said the court in its order dated October 3.
Earlier, Shah’s daughter wrote to Amit Shah and Modi seeking urgent medical help for her ailing father, whose condition, as per the letter, is deteriorating.
The ailing Hurriyat leader was arrested in 2017 by the National Investigation Agency of India and is currently lodged in Tihar jail.
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