While rejecting the plea, Justice Banerjee stated that differential treatment cannot be meted out just because Yadav is under detention.
The Supreme Court on Wednesday rejected the interim bail of Mahender Singh Yadav, co-accused in the 1984 Anti Sikh Riots.
A bench of Justices Indira Banerjee & BR Gavai stated that no specific suggestions are put forth in the plea which prayed for interim bail for Yadav on account of being COVID19 positive and that everything possible was in fact being done in furtherance of treatment of Yadav. Court further noted that no other specific suggestion was forthcoming from the family which they wished to take.
Senior Advocate R Basant appeared for the petitioner. He argued that Yadav was in the ICU.
Basant: “Yadav is in ICU. In the hospital too he is in custody. Two constables are posted outside his ward. No relatives able to visit.”
Justice Banerjee: If a person is in ICU or general ward, no relative can visit. She adds that generalisations cannot be made in such cases. “How can we make such a rule just for him? If allowed in this case ..everyone will come…I dont think we can entertain this petition in absence of any specific allegation or complaint regarding treatment and also common rules have to be followed..nowhere relatives of a patient is allowed to visit”
The plea contended that,
That the petitioner has moved the present Application for interim bail as the petitioner has been tested Corona Positive on June 26 and his health is continuously deteriorating. It is necessary to bring to the notice of this Hon’ble Court that 1 inmate with whom the petitioner was sharing has died due to Corona on 15.06.2020….After the death of 1 inmate, Corona test of all inmates was conducted and 17 inmates were found to be Corona positive” – the plea for interim bail states
Yadav, who is accused under Sections 120B read with 436, 153A (1)(a) & (b), 295 IPC sc his involvement in the 1984 Anti-Sikh Riots, has contended that he has already served more than one year and 5 months in prison excluding any period covered by remission and has not been given parole for a single day.
Further, plea states the grounds for interim bail as that of the fact that Yadav more than 70 years old and suffers from various ailments including inability to walk properly, acute diabetes and kidney issues.
“That the Applicant is seeking interim bail so that proper medical care can be provided to him by his family as he is a Senior citizen aged about 72 years suffering from Acute Diabetes, Urinary/prostate problem, knee Joints problem and has now been tested Corona positive. It has also been found by the Doctors that Corona virus is very risky for those suffering from diabetes and other medical complications”
In May 2013, Congress leader Sajjan Kumar was awarded life imprisonment for nearly 29 years after five members of a family were killed in the Delhi cantonment area during the 1984 anti-Sikh riots. Ex-councillor Mahender Yadav and ex-MLA Kishan Khokkar — were found guilty of only rioting and were awarded three year’s imprisonment.