Apex Court denied bail to Mahender Singh Yadav co accused in 1984 anti-sikh riots on medical grounds.
By: – S.A.Anjum Sadiq
A division bench Comprising of Justices Indira
Banerjee and justice BR Gavai hearing an interim bail plea denied
bail to Mahender Singh Yadav who tested positive for covid-19 on 26th
June 2020 on bare medical grounds. Senior
Advocate R Basant appeared for the petitioner.
The Apex court noted that no other specific suggestions
have been put forward by the family for consideration before the court other
than the prevailing medical conditions as the accused is being given proper
medical treatment by the concerned authorities.
Yadav who was charged under sections 120B read with 436, 153A(1)(a) and (b) 295 IPC Sc in the 1984 anti-sikh riots is a 72 year old man suffering from acute diabetes, urinary/prostate problem, knee joint problem who has now tested positive for covid-19 which is more risky for diabetics thereby deteriorating his health further.
Senior Advocte R.Basant 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.
Yadav contracted covid-19 from an inmate who died on 15th June 2020 with the same infection after which the authorities conducted the test for all inmates and 17 others were also found positive and all were subsequently shifted for medical treatments and Yadav landed in ICU due to his pre medical conditions and age.
Justice Banerjee further stated that a differential treatment cannot be meted out for Yadav just because he is in detention, relatives are not allowed to visit in the ICU’s and this rule cannot be generalized just for him which will further invite many other pleas on the same pretext.
A may 2013th verdict awarded Sajjan kumar (a congress leader) life imprisonment for nearly 29 years for the killing of a 5-member family in the 1984 riots, similarly Ex- councillor mahender Yadav and Ex-MLA Kishan Khokkar who were found guilty in rioting were awarded 3 years imprisonment.
