The Supreme Court on Tuesday asked AIIMS Delhi to constitute a board to examine jailed NewsClick founder and editor Prabir Purkayastha after the report submitted by the jail hospital authorities failed to convince his family.
A bench of Justices B.R. Gavai and Sandeep Mehta passed the directions after senior advocate Kapil Sibal, appearing for Purkayastha, expressed dissatisfaction with the report submitted by the Tihar jail hospital through the Delhi police.
The bench also brushed aside additional solicitor-general S.V. Raju’s argument that hundreds of common prisoners were examined and treated by the same jail hospital and no special privileges could be extended to Purkayastha.
Sibal said: “The medical report that has come does not include the situation he is confronted with in jail, which is on the record. We have no issues with an AIIMS evaluation. Jail records should also be sought.”
Opposing the request for examination by the AIIMS board, Raju said: “He must bear the cost. Why should we bear his cost? Hundreds of prisoners have no such privileges…”.
This prompted Justice Mehta to say: “Because he is your guest. He is in your custody. This argument cannot be raised. Or you release him then. He will get himself treated in the best hospitals!”
Sibal said: “If the State has some problem with finances, we’ll take care of it. I can personally contribute to the State, no problem.”
When Justice Gavai, heading the bench, wanted to know if Sibal or Purkayastha would bear the cost, Sibal said: “I will personally contribute.”
On February 20, the apex court had asked the Delhi police to produce Purkayastha’s health report by the medical officer of the Tihar Central Jail. Purkayastha has been under incarceration since October last year for alleged offences under the Prevention of Money Laundering Act (PMLA) 2002.
The bench had passed the earlier order on Sibal’s request that his client be released on medical grounds, too, apart from his plea for regular bail.
On January 22, the apex court had allowed Amit Chakraborty, the HR head of NewsClick and co-accused in the case, to withdraw the special leave petition (SLP) challenging his arrest and police remand for alleged offences under the Unlawful Activities Prevention Act (UAPA) last year. The move came amid his decision to turn “approver” for the Delhi police in the case.
The apex court had on October 19 sought the Delhi police’s response on the two separate SLPs filed by Purkayastha and Chakraborty challenging their arrests and police remand for alleged offences under the UAPA.
The duo had filed the SLPs challenging the concurrent orders passed by Justice Tushar Rao Gedela of Delhi High Court on October 13 and an earlier order of a trial court refusing to quash their arrests and remand.
Justice Gedela had refused to interfere with the arrest of Purkayastha and Chakraborty on the ground that “the offences which are alleged, fall within the ambit of the Unlawful Activities (Prevention) Act, 1967, and directly impact the stability, integrity and sovereignty of the country and are of utmost importance since they would affect the national security”.
