New Delhi | November 28, 2025

The Delhi High Court on Friday directed the Tihar Jail authorities to ensure that separatist leader Yasin Malik receives appropriate medical treatment in accordance with his health condition, and to shift him to a suitable hospital if the required facilities are not available within the prison complex.

Justice Neena Bansal Krishna passed the order while disposing of Malik’s petition seeking treatment at AIIMS or any other super-speciality hospital in Delhi or Srinagar. Malik, who is serving a life sentence in a terror-funding case, had claimed he was facing a “life and death situation” due to severe cardiac and kidney ailments.

No Life-Threatening Condition Found, Says Court

The court noted that the medical report submitted by the Tihar administration did not indicate any life-threatening illness. Malik had annexed medical records from 2017 in support of his plea, but the court observed that the latest evaluation did not corroborate his claims of immediate danger.

“Apparently from the report received from Tihar Jail, it does not seem that he is suffering from any life-threatening ailment,” Justice Krishna noted, adding that the jail authorities must nevertheless ensure that all required treatment is provided.

“If the said treatment is not available [in jail], the same may be provided in the hospitals having the requisite facility,” the order stated.

Arguments in Court

Malik’s counsel argued that he is a cardiac patient and that Tihar Jail does not have a cardiologist on staff, making it necessary to take him to AIIMS. The lawyer also said that restrictions under Section 268 of the CrPC—invoked for high-risk prisoners—were being used to deny Malik hospital visits and even court appearances.

The central government, opposing the plea, contended that Malik is a “high-risk prisoner” and that the authorities had recently issued communication restricting his movement outside Tihar and the National Capital Territory.

Government counsel pointed out that Malik had repeatedly gone on hunger strike in July 2022, 2023, 2024, and September 2024, refusing food and medication, and had to be medically managed within the jail to prevent any untoward incident.

Background of the Case

Yasin Malik, the chief of the banned Jammu & Kashmir Liberation Front (JKLF), was sentenced to life imprisonment by a Delhi trial court on May 24, 2022. The court held him guilty of various offences under the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code after he pleaded guilty in the terror-funding case investigated by the National Investigation Agency (NIA).

Subsequently, the NIA filed an appeal before the Delhi High Court seeking enhancement of his sentence to the death penalty, terming his crimes “heinous and serious.”

Malik has previously filed petitions for medical care. In an earlier round, the High Court disposed of his plea after doctors at AIIMS examined him and extended the required medical support.

In the present case, Malik claimed that jail authorities were failing to provide adequate medical attention and were avoiding taking him to hospitals despite serious health concerns. His petition alleged that even when he was seriously ill or required to be produced before the trial court, authorities did not comply, citing restrictions under Section 268 CrPC.

Court’s Direction

While the High Court declined to mandate treatment at a specific hospital, it made clear that the jail must provide medical care proportionate to his condition and shift him to a hospital if needed.

With these directions, the petition was disposed of.