On Medical Grounds, Delhi Court Allows Tahir Hussain to Use Electric Kettle and Wooden Takhat

In a brief but significant order, a Delhi court has granted former Aam Aadmi Party councillor Tahir Hussain permission to use an electric kettle and a wooden takhat inside jail, citing his ongoing medical needs. Additional Sessions Judge Sameer Bajpai, presiding over the Shahdara district court, allowed the application after reviewing Hussain's medical records and noting the prior recommendations from specialist doctors and jail authorities.

A Plea Born of Chronic Ailments

Hussain, who is currently in judicial custody in connection with the larger conspiracy case related to the 2020 North-East Delhi riots, moved the court seeking continued access to these items. His counsel submitted that the accused suffers from multiple diseases requiring regular use of hot water, which the electric kettle facilitates, and that a wooden takhat is necessary for his comfort during incarceration. The plea emphasized that Hussain had been using both items for the past five years without incident, based on earlier permissions granted by doctors and jail officials.

Court Relies on Medical Documentation

After hearing the submissions, Judge Bajpai examined the medical papers presented by Hussain, which documented the prior authorizations. The court found sufficient grounds to allow the request. In its order, the judge stated: “In view of the medical papers shown by the accused and the prayer made by him, the application is allowed.”

The court further directed: “It is ordered that the accused Tahir Hussain may use Electric Kettle and Wooden Takhat as per the jail rules.” The order also instructed the Superintendent of the concerned jail to ensure compliance.

Context of the Larger Case

Hussain faces charges under the Unlawful Activities (Prevention) Act and various sections of the Indian Penal Code for his alleged role in the communal violence that erupted in February 2020. He was denied bail by the trial court in January, and his bail application is currently pending before the Delhi High Court. This latest order pertains strictly to his conditions of custody and does not touch upon the merits of the main case.

A Humanitarian Touch in Criminal Justice

The decision underscores the judiciary’s willingness to accommodate genuine medical requirements even for high-profile undertrials, provided the requests are supported by credible documentation and do not violate prison regulations. While the order is limited to allowing specific personal items, it reflects a broader principle that incarceration should not unduly compromise an accused’s health and basic well-being. The jail authorities have been directed to implement the order forthwith.