Delhi court directs state to undertake ex-AAP councillor Tahir Hussain's surgery within 15 days

New Delhi: A Delhi court on Friday declined interim bail to former AAP councillor Tahir Hussain in a case related to the 2020 Delhi riots, but directed authorities to ensure that his surgery is conducted within 15 days.

Additional Sessions Judge Parveen Singh was hearing Hussain's plea seeking interim bail for a month on medical grounds.

In an order, the court said, "Considering these facts and circumstances, the application at hand is disposed of on following terms that the surgery of the applicant, as required, shall be conducted within 15 days from today, unless some medical complications result in delay in the surgery."

Hussain, who is in judicial custody since April 6, 2020, had sought bail from March 20 to April 20 in connection with a case related to the 2020 riots in northeast Delhi.

He had sought interim bail citing an inguinal hernia requiring surgical intervention and post-operative care.

"The applicant (Hussain) shall be provided all post-operative care in hospital and in jail as per the recommendations of the doctor," the judge said.

He said while the procedure required is elective in nature, the accused cannot be denied timely treatment.

"Surgery of the applicant is an elective surgery which the accused/applicant can choose as and when he requires. Accused is being managed through conservative treatment and no complications have been reflected," the court said.

Hussain's counsel submitted that delays in hospital visits and medical tests due to an overburdened system had hampered timely treatment and that he should be allowed to undergo surgery at a hospital and with a doctor of his choice.

However, the prosecution opposed the plea, stating that Hussain's condition is stable and not life-threatening, and that the surgery is elective.

The court noted that medical reports describe the condition as an uncomplicated hernia that does not require urgent intervention.

However, it also took into account delays in the accused being taken for medical examinations and the absence of a fixed date for surgery.

"Merely because a person has been advised surgery, which is elective in nature, the said person cannot be denied his right to exercise that option," the court said.

At the same time, considering the seriousness of the allegations against the former Aam Aadmi Party (AAP) councillor, the court refrained from granting interim bail to him and instead sought assurances from the state.

The prosecution undertook that the surgery would be conducted at the earliest. Recording this assurance, the court directed that the procedure be carried out within 15 days, unless delayed due to medical reasons, and that adequate post-operative care be provided both in hospital and in jail.

Hussain is an accused in a case registered at the Dayalpur police station in connection with the northeast Delhi riots.