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NIA Court Orders Specialized Medical Care for 74-Year-Old Shabir Ahmed Shah
The court also directed that the accused not be unnecessarily handcuffed while being taken to hospital or court.
The has directed jail authorities to ensure specialized medical treatment for 74-year-old Shabir Ahmed Shah whenever required, while also ordering that he should not be unnecessarily handcuffed during movement from jail to a hospital or court. The order, passed by Special NIA Judge Prem Sagar on , disposed of an application filed by Shah citing his advanced age, multiple health conditions, and fear of being shackled during transit.
A Plea for Humanity and Dignity
Shabir Ahmed Shah, an prisoner in a case investigated by the , is lodged in Central Jail, Kot Bhalwal, Jammu. In his application, represented by advocate , Shah stated that he is about 74 years old and suffers from a constellation of serious ailments, including hypertension, diabetes mellitus, cervical and lumbar spondylitis, bilateral inguinal hernia, osteoarthritis, coronary artery disease, and benign prostatic hyperplasia. He claimed his condition had deteriorated, causing severe pain, and that he required immediate examination, specialist consultation, and treatment at a super specialty hospital. He further expressed a genuine apprehension that escorting officials might handcuff or shackle him during movement, which would cause immense pain, humiliation, and endanger his health.
Shah contended that he had always cooperated with the investigation and judicial proceedings and that no exceptional circumstance existed to warrant the use of handcuffs. He relied on the consistent position of the that cannot be resorted to as a matter of routine and is permissible only in with recorded reasons and .
The Court's Scrutiny of the Medical Record
Upon presentation of the application, the court called for the latest medical report from the Superintendent of Central Jail, Kot Bhalwal. The report revealed that Shah is a known patient of multiple ailments and is under treatment from various departments of Safdarjung Hospital, Delhi, including Cardiology, Urology, Neurology, ENT, Eye, Endocrinology, and Medicine. He had also been advised surgery for inguinal hernia. The report noted that specialist consultants from GMCH and SSH Jammu had visited the jail, examined him, and advised investigations, but Shah had refused referral to these hospitals on . However, most of his blood investigations were within normal limits, and he was being regularly examined by visiting physicians, provided medicines and a good medical diet as per protocol, and supplied with supportive items such as a lumbar support belt, soft pillow, and back cushions.
The NIA, through DySP Ankit Rohilla, filed objections stating that the jail authorities were the appropriate authority to assess Shah's medical condition and the necessity for treatment at a super specialty hospital. The NIA emphasized that emotional and cannot override , citing the recent observation of the in . Regarding , the NIA submitted that the matter is governed by applicable law, judicial directions, and jail rules, and that during NIA custody, all medical treatments were provided in accordance with rules and court directions.
Balancing Care and Custody
After hearing both sides and examining the documents, the court took note of the medical report indicating that Shah was already receiving treatment from visiting specialized doctors and physicians. However, considering his advanced age—74 years—and the multiplicity of his ailments, the court directed that specialized treatment be provided whenever medically required.
The court observed:
“Admittedly, the accused is of advance stage of 74 years of age and suffering from several ailments and in this eventuality if the applicant requires any specialized treatment be taken to specialized doctor/s by jail authorities as and when needed.”
On the issue of , the court addressed Shah's apprehension by directing the jail authorities to follow the rules as per the while taking him to the hospital or court. The court specifically ordered:
“The jail authorities shall follow the rules as per while taking him to hospital/ court from jail and ensure that accused be not unnecessarily hand cuffed and he shall be escorted by sufficient security personnel to guard him.”
Implications of the Order
The court's disposition strikes a balance between the humanitarian needs of an elderly prisoner and the security concerns of the state. By directing specialized medical care on an as-needed basis, the court avoided a blanket hospitalization order while placing an obligation on the jail authorities to respond promptly to Shah's medical requirements. The clear instruction against unnecessary reaffirms the principle that restraint should not be routine but reserved for , consistent with guidelines. The application was disposed of and directed to form part of the main challan file.
Case Title:
Court:
Special Judge, NIA Cases, Jammu
Judge:
Prem Sagar
Applicant’s Counsel:
Mr.
