Wasim Akram Malik v. National Investigation Agency

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1067/2015 WASIM AKRAM MALIK ..... Petitioner Through:

Mr.R.H.A. Sikander, Advocate versus NATIONAL INVESTIGATION AGENCY ..... Respondent Through:

Mr. Rajesh Mahajan, A.S.C. for the State Mr.Abhishek Bagaria, Spl. PP for NIA with Mr.Som Prakash, Adv. and ASP Jalaz Ssrivastava

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 21.03.2016 1.

By way of this petition filed under Section 226 of the Constitution of India read with Section 482 Cr.P.C., petitioner seeks directions as under: i. for immediate quality general medical treatment in hospital, ii. for physical safety/security and well being of the petitioner within the jail to ascertain his physical security by providing police protection, and iii. for investigation of attack on the petitioner within Tihar Jail. iv. To meet his legal counsel in case of any urgency or exigency on urgent basis.

2.

Status report has been filed by the State to the effect that in the incident dated 28.3.2015 there was exchange of hot words between the W.P.(CRL) 1067/2015

petitioner and other inmates and that the petitioner had thrown empty bottles and dirty clothes in the cell of other inmate Sonu. The matter was pacified with the intervention of the Deputy Superintendent of Police on duty and the punishment ticket was also issued to the petitioner for his misbehaviour which has been appraised by the District & Sessions Judge, Delhi. It is further mentioned in the status report that a phone call was received on 2.4.2015 and stated to be made by his counsel but since legal counsel can meet any prisoner on any working day at the noon hours fixed for the purpose, talk on phone was not permitted but he was informed that no such incident had taken place. Regarding the medical condition of the petitioner it is mentioned in the status report that he had been undergoing treatment from AIIMS and DDUH as well as Jail and his current condition is stable. Regarding the security of the petitioner it is stated that the petitioner is lodged in high security ward and kept under strict surveillance. 3.

In view of the status report and the medical condition which is stated to be stable, no further direction is necessary in this matter 4.

Mr.Rajesh Mahajan, ASC for the State submits that the petitioner is already in high security ward and no further directions are necessary in the matter.

5.

Writ petition is disposed of accordingly.

PRATIBHA RANI, J.

MARCH 21, 2016 'hkaur'

W.P.(CRL) 1067/2015