High Court Denies Bail to Mian Abdul Qayoom Citing Adequate Medical Care in Custody

Bail appeal on medical grounds under UAPA dismissed; Court emphasizes societal interest and fair trial.

In a significant ruling, the Jammu and Kashmir High Court dismissed the bail application of Mian Abdul Qayoom, who sought release on medical grounds under the Unlawful Activities (Prevention) Act (UAPA). The court, comprising Justices Sindhu Sharma and Shahzad Azeem, held that bail on medical grounds is permissible only in exceptional circumstances where the accused's medical condition cannot be managed in custody.

The case revolves around the assassination of Advocate Babar Qadri, allegedly orchestrated by Qayoom in conspiracy with terrorist outfits. Despite Qayoom's claims of severe health issues, including coronary artery disease and other ailments requiring constant medical attention, the court found no evidence of inadequate medical care in custody. The appellant, aged 77, had been provided advanced treatment, including a pacemaker implantation, and his health was stable according to recent medical reports.

Citing the seriousness of the charges and potential influence on witnesses, the court emphasized the necessity of ensuring a fair trial, which had already been transferred to Jammu due to concerns about Qayoom's influence in Srinagar. The High Court concluded that granting bail would undermine the constitutional right to a free and fair trial, thus dismissing the appeal.

Bottom Line:

Bail on medical grounds under the Unlawful Activities (Prevention) Act (UAPA) is to be granted only in exceptional circumstances where the medical condition is so serious that it cannot be adequately treated in custody, and the requisite facilities are unavailable in jail.

Statutory provision(s): Unlawful Activities (Prevention) Act, 1967 Sections 16, 18, 38, 43D(5), Indian Penal Code Sections 302, 307, Criminal Procedure Code Section 41A, Arms Act Section 7/27.

Mian Abdul Qayoom v. Union Territory of J&K, (Jammu And Kashmir)(DB) : Law Finder Doc Id # 2822488