Court rejects NCP leader Nawab Malik’s medical bail

The Bombay High Court has rejected Nationalist Congress Party leader Nawab Malik’s medical interim bail, observing that his right to health or right to life is not curtailed or infringed in any manner.

The Bombay High Court has rejected Nationalist Congress Party leader Nawab Malik’s medical interim bail, observing that his right to health or right to life is not curtailed or infringed in any manner.

A Single Bench of Justice Anuja Prabhudessai rejected the bail plea filed by the former Minister of Minority Affairs and Skill Development on July 13. The order was made available on July 15.

Mr. Malik was arrested by the Enforcement Directorate on February 23, 2022, and was admitted to Criti Care Asia Hospital on May 17, 2022. He had filed for medical bail on the grounds of kidney ailments.

His plea mentioned that he has a non-functioning left kidney, renal calculus, haematuria (blood in urine), non-alcoholic fatty liver, mild chronic colitis (inflammation in the colon), diabetes mellitus (elevated blood glucose level), hypertension (high blood pressure), hypothyroidism, gout, prolapsed intervertebral disc, allergic asthma, dyslipidaemia (high cholesterol level) and mild concentric left ventricular hypertrophic (thickening of the wall of hearts main pumping chamber).

Senior advocate Amit Desai, appearing for Mr. Malik, had contended that his health has deteriorated and his right kidney is functioning only at 60%. However, the court noted, “None of the medical reports indicate that Mr. Malik’s functioning of the right kidney is reduced to 60%. Two of the members have opined that the applicant [Malik] does not even require hospitalisation and that he could follow up on an OPD basis.”

In its order, the court said, “There can be no dispute that the right to health is recognised as an important facet of Article 21 of the Constitution of India (Right to Life). It is a right available to every person including an under-trial prisoner or convict. In fact, failure of the State to provide proper medical aid to the prisoners, who are largely dependent on the jail authorities, would be in violation of right guaranteed under Article 21 of the Constitution.”

The Bench remarked, “Mr. Malik is provided adequate, effective and specialised medical assistance, and his health condition is being monitored by the doctors specialised in the field. Hence, his right to health or right to life is not curtailed or infringed in any manner.”