The Supreme Court on Monday asked the Director of the All India Institute of Medical Sciences (AIIMS) to appoint a board of doctors to examine NewsClick founder Prabir Purkayastha, a septuagenarian journalist lodged in Tihar Jail under the draconian Unlawful Activities Prevention Act (UAPA), to verify his health status.
A Bench of Justices B.R. Gavai and Sandeep Mehta was visibly surprised to hear Additional Solicitor General S.V. Raju, for the Delhi Police, submit that “hospitals are meant for everybody, not for money bags”. Mr. Raju said he was on a point of principle, and special treatment cannot be given to particular individuals. He asked why the State should bear the medical expenses for an accused.
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“He is your special guest… He is in custody. This argument cannot be raised. You release him then. He will get himself treated in the best hospitals,” Justice Mehta told Mr. Raju.
“Provided he requires it,” the law officer replied.
“That is his outlook,” Justice Mehta rejoined.
Senior advocate Kapil Sibal, appearing for Mr. Purkayastha, asked what “principle” the law officer was referring to.
“I will personally contribute. They are in some difficulty,” Mr. Sibal said.
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The hearing began with Mr. Purkayastha’s side expressing dissatisfaction with the report submitted by the Tihar medical team. The court had, in the previous hearing, ordered the jail authorities to conduct a medical examination.
Mr. Sibal said the report did not depict the “true medical condition” of Mr. Purkayastha. He said the report was “not correct”.
The court ordered the proposed AIIMS panel to go through the jail doctors’ report and consult the medical history of Mr. Purkayastha from the prison records. The Bench posted the case after two weeks.
“The man is 74-year-old and is in great difficulty,” Mr. Sibal said.
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Mr. Purkayastha had appealed the Supreme Court after the Delhi High Court had rejected their contentions about “procedural infirmity” and violation of constitutional provisions in relation to the arrest and the remand order.
The High Court had concluded that they were booked under the Unlawful Activities (Prevention) Act, 1967, and their actions “directly impact the stability, integrity and sovereignty of the country”.
Mr. Purkayastha was arrested by the Special Cell of the Delhi Police on October 3 last year pursuant to an FIR registered on August 17.
Multiple journalists’ collectives from across the country had at the time written to Chief Justice of India D.Y. Chandrachud to take cognisance and check the “inherent malice” behind the raids at the homes of 46 journalists, editors, writers, and professionals connected to NewsClick and seizure of their electronic devices.
The collectives said that “journalism cannot be prosecuted as terrorism”. The letter said the invocation of the UAPA was “especially chilling”.
