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A Court at Delhi's Tis Hazari Complex today directed jail authorities to ensure that Bhim Army Chief Chandra Shekhar Azad is given therapeutic phlebotomy for Polycythemia at AIIMS.
The order was passed by Chief Metropolitan Magistrate Arul Varma.
Remarking that the Jail Authorties acted in a callous manner and seemingly flouted the law of the land, Judge Varma stated,
"..it is explicit that the accused came to the Jail dispensary and stated that he was a patient of polycythemia, however he was not given treatment for the same i.e. he ought to have been administered not ordinary medical aid, but the treatment that would address his peculiar ailment. That was not done by the Jail Authorities."
Chief Metropolitan Magistrate Arul Varma
The Court added,
"Article 21 casts an obligation on the State to preserve life, whether a person is an innocent person or is ciminally liable to punishment under the law.."
The order was passed pursunat to Azad's plea seeking appropriate medical treatment at AIIMS for polycythemia.
In his report in response to the plea, the Medical Officer of Tihar Jail submitted that the condition of Azad as well as his vitals were stable and satisfactory. It was added that all his medical complaints, which included backache, body pain, tooth ache and eye irritation, were being attended to.
Advocate Mahmood Pracha, appearing for Azad, today argued that these conditions were symptoms of Polycythemia.
A report by two doctors from AIIMS' haemotology department was also put on record today, which stated that Azad had Polycythemia.
In response to Azad's application for treatment at AIIMS, the Tihar Jail today doctor stated that till yesterday, he was not even aware that Azad suffered from Polycythemia. He further said that Azad was then sent to DDU, which referred him to a higher medical centre.
After hearing the parties and considering the reports, the Court opined,
"Therefore, prima facie...it is established that accused had Polycythemia and this court deems it fit to give the accused treatment for Polycythemia."
After a brief argument on whether Azad was to be sent to AIIMS or some other medical centre, the Court decided to refer Azad to AIIMS, where his treatment was already continuing.
Azad has been in judicial custody in Tihar in connection with the anti-CAA protests at Daryaganj since December 21, 2019 after his bail plea was rejected.
In his application filed before the Court, Azad has claimed that he is suffering from a condition called Polycythemia which thickens the blood and may lead to a cardiac arrest.
Azad is being represented by Advocates Mahmood Pracha, OP Bharti, VC Bharti and MS Arya.
A Court yesterday directed jail authorities to provide medical assistance to Azad if required.
Read the Order: