SC declines interim bail to Covid-19 positive 1984 riots case convict

The Supreme Court on Wednesday declined to entertain an interim bail plea by Mahender Yadav, ex-MLA and co-convict of former Congress MP Sajjan Kumar in the 1984 anti-Sikh riots case, on the ground that he was Covid-19 positive.

A bench of Justices Indira Banerjee and B R Gavai said Yadav was being given medical care in the hospital and the court cannot make a differential treatment in his case to allow a relative to attend to him.

"Everything possible is being done for the treatment of the petitioner. The family has no grievance related to the treatment. The application cannot be entertained," the bench said.

Petitioner led by senior advocate R Basant submitted that he had already undergone one year of sentence out of 10-year jail term awarded to him for offence under Section 436 (mischief by fire or explosive substance) of the IPC. He said the petitioner was already admitted to the ICU of LNJP Hospital in Delhi but two constables remained posted outside his ward, and no relative was allowed to visit him.

The bench, however, said when a person is in a general ward or ICU for treatment of Covid-19, no relative is allowed.

The court cannot make any exception of this rule, the bench said, declining to consider the matter.

Additional Solicitor General K M Nataraj, appearing for the CBI, opposed the plea, stating that it would set a bad precedent. The victims' side was represented by senior advocate H S Phoolka.

In his plea, Yadav contended that he had tested Covid-19 positive on June 26 and his condition has been deteriorating. He said one of the jail inmates who shared the barrack with him had died on June 15. After this, out of 29 inmates, 17 were found positive for the virus.

He said he is 72 years old and suffers from diabetes, prostate, urinary tract and knee joint problems, which may be fatal as he is now Covid-19 positive.

He sought interim bail for proper medical treatment, saying he was willing to abide by any condition.

A special leave petition filed by him has been pending in the top court against the conviction and sentence in the case.