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HC directs official to provide proper medical care to detainee at Kot Bhalwal prison

Srinagar, April 06: The High Court of Jammu and Kashmir and Ladakh ordered the Superintendent of Kot Bhalwal District Jail, Jammu to subject inmate Mubarak Ahmad Thoker to a thorough medical examination and provide him with all necessary care in accordance with the medical opinion.

Judge Sanjay Dhar also ordered the Special Judge NIA Court Jammu to request a medical report of the petitioner from the prison concerned and convey instructions to the prison authorities in the light of the medical report which may be produced before him.

The court adopted the instruction after the petitioner’s lawyer, HS Thakur, testified in court that the petitioner suffered serious physical injuries as a result of third-degree torture, inflicted on him by the agency. investigation, following which he was rendered medically and physically unfit.

He further argued that the petitioner was losing sensation in the lower part of the abdomen, but that these ailments of the petitioner were ignored by the prison authorities.

It was also claimed that a petition had been filed by the petitioner before the court of first instance, but this was not successful.

Previously, a plea had been filed by Thokar asking the respondents to produce and release him.

He had also challenged FIR No. 190/2020, registered against him by Surakote Police Station, Poonch for offenses under Section 307/364, 120-B/121, 122/123, 216/201 IPC, r/w 7/25/26/27 Arms Act and 16/17, 18/18-B, 19/20, 21/23, 36/38 and 39 Unlawful Activities Prevention Act (UAPA).

The petitioner had also requested an instruction from the respondents to move him from Kot Bhalwal Jammu central prison to another prison in Kashmir.

However, counsel for the claimant argued that at this stage he was not interested in challenging Surannote Police Station FIR No. 190 of 2020, but would limit his submissions to medical aid, which must be provided to the petitioner as a matter of urgency.

The court, after hearing the lawyer, noted that the petitioner’s main concern was that his condition was deteriorating and that he needed immediate medical treatment.

In this regard, the court ordered the Superintendent of Kot Bhalwal District Jail, Jammu to subject the petitioner to a thorough medical examination and provide him with all necessary care as per the medical opinion.

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