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Delhi Court Denies Interim Bail, Orders Tahir Hussain’s Hernia Surgery Within 15 Days

The judge underscored the state’s duty to ensure timely medical care for detainees whose custody restricts their treatment choices.

Overview

  • Additional Sessions Judge Parveen Singh disposed of Hussain’s interim bail plea in the 2020 Delhi riots case, citing the seriousness of the allegations under UAPA-linked conspiracy charges.
  • The court directed that Hussain receive all post-operative care in hospital and in jail, with the prosecution undertaking to arrange the procedure within the set timeline.
  • Medical records noted a 2.3 cm anterior abdominal wall hernia described as uncomplicated, and the court said the elective nature of surgery cannot justify delaying treatment.
  • Jail reports reflected delays in taking Hussain to the hospital and the absence of a fixed surgery date, prompting the court’s firm deadline.
  • Hussain has been in judicial custody since April 2020 and earlier regular bail attempts were rejected with courts noting the allegations appear prima facie true.