SC notice to CBI on Sajjan Kumar’s bail plea on medical grounds

A bench of Justices Sanjay Kishan Kaul and Hrishikesh Roy issued notice to the CBI on an application filed by Kumar who is undergoing a life term following his conviction in the 1984 Delhi anti-Sikh riots by the Delhi high court in December 2018

The Supreme Court on Tuesday directed the Central Bureau of Investigation (CBI) to respond to the plea filed by Congress leader Sajjan Kumar seeking interim bail or suspension of sentence on account of his deteriorating medical condition.

Congress leader Sajjan Kumar. (File photo)

A bench of Justices Sanjay Kishan Kaul and Hrishikesh Roy issued notice to the CBI on an application filed by Kumar who is undergoing a life term following his conviction in the 1984 Delhi anti-Sikh riots by the Delhi high court in December 2018.

The court said, “Let the medical condition of the appellant (Kumar) be verified and an affidavit be filed by CBI within one week.” The court also asked CBI to take instructions on Kumar’s demand to be treated at Medanta Hospital.

Sajjan Kumar, aged 77, in his bail application stated that his condition is critical and he is undergoing treatment in the emergency ICU at Safdarjung Hospital. “Due to his old age and his ill-health, he has become infirm and is incapable of taking care of himself and requires constant human attention for his daily needs such as bathing, going to the toilet, eating, etc,” stated the applicant filed through Kumar’s advocate Ajay Marwah.

Appearing for Kumar, senior advocate Vikas Singh told the court that Medanta had the provision for colonoscopy which is not available at Safdarjung Hospital. Singh said he had been incarcerated for the past 31 months without being out on parole or furlough and his family wishes to provide him good medical treatment.

The application was opposed by the complainants of the case lodged against Kumar. Senior advocate Dushyant Dave, appearing for the families of victims, said the accused was roaming free and came to be arrested following the Delhi high court’s order of December 17, 2018 which reversed the acquittal granted by the trial court in 2013.

Dave pointed out that in March last year, AIIMS had examined the accused and submitted a report to the apex court indicating that he had no pressing medical concern.

But Kumar’s counsel argued that more than a year had passed since then and the present condition of the accused was critical. In his application, Kumar stated that being of old age, his condition was most vulnerable to the coronavirus pandemic and prayed for his immediate release either on bail or on temporary suspension of sentence.

CBI was represented by advocate Shradha Deshmukh who accepted notice on the bail application and agreed to file an affidavit before the next date of hearing.