Court orders medical treatment for Tahir Hussain, refuses interim bail

A Delhi court ordered former AAP councillor Tahir Hussain to undergo hernia surgery within 15 days, denying his bail request due to serious charges.

A Delhi court has directed state authorities to ensure that former Aam Aadmi Party (AAP) councillor and northeast Delhi riots accused Tahir Hussain undergoes surgery for an inguinal hernia within 15 days, and that all post-operative care is provided to him both at the hospital and in prison while he remains in judicial custody.

Former AAP councillor Tahir Hussain (HT Archive)

The order was passed by additional sessions judge (ASJ) Praveen Singh of the Karkardooma courts on Friday, who simultaneously denied him month-long interim bail on medical grounds, citing the nature and seriousness of the offence.

The court said the state was “duty-bound” to provide him medical treatment with utmost urgency.

ASJ Singh observed that merely because the surgery was not urgent and was elective in nature could not be grounds to deny him the right to speedy treatment.

“…delays in the accused/applicant being taken to the hospital are clearly reflected in the report of the jail authorities…till date, no date for surgery has been fixed,” the court said.

The court further told the prosecution, “The surgery of the applicant (Hussain) shall be conducted within 15 days from today unless some medical complications result in a delay… The applicant shall be provided all post-operative care in hospital and in jail as per the recommendations of the doctor.”

In his bail plea, filed earlier this week through advocate Sonal Sarda, Hussain sought bail from March 20 to April 20 to undergo immediate surgery for the hernia.

The prosecution, represented by special public prosecutor Madhukar Pandey, told the court that Hussain was not suffering from any serious medical condition requiring urgent intervention. The prosecutor argued that the surgery was elective and could be carried out by the state at RML Hospital while he remains in judicial custody.

Hussain, along with activists Sharjeel Imam, Khalid Saifi and former JNU student Umar Khalid, is among 20 people booked under the stringent Unlawful Activities (Prevention) Act. The case is being heard before ASJ Bajpai and is at the stage of arguments on charge.

Hussain was granted custody parole last year to campaign in the Delhi Assembly elections. On January 29, a Delhi court dismissed his bail plea, noting that the allegations against him remain “prima facie true”.