The Supreme Court on Wednesday refused to grant interim bail to former MLA Mahendra Singh Yadav, one of the co-convicts in 1984 anti-Sikh riots, on grounds of having tested positive for COVID-19.
A bench of Justice Indira Banerjee and Justice BR Gavai refused to entertain the interim bail plea of Yadav saying he was being given treatment in hospital where no relative is allowed.
"Everything possible is being done for the treatment of the petitioner (Yadav). The family has no grievance related to the treatment. There is no other specific suggestion forthcoming from the family which they wish to take. The application cannot be entertained," the bench said.
Senior advocate R Basant, appearing for Yadav, contended that the petitioner is in the ICU, and even in the hospital, he is in custody. Two constables are posted outside his ward and no relatives are allowed to visit him, Basant submitted.
Justice Banerjee said "if a person is in ICU or general ward, no relative can visit. Generalisations cannot be made in such cases. How can we make such a rule just for him? If allowed in this case... Everyone will come. I don't think we can entertain this petition..."
Yadav has been given 10-year imprisonment in anti-Sikh riots case. He had approached the top court seeking interim bail saying he had tested positive for coronavirus on June 26 and his health is continuously deteriorating.
In his plea, Yadav said that he has already served more than one year and five months in prison excluding any period covered by remission and has not been given parole for a single day. He also sought interim bail saying he is more than 70 years old and suffers from various ailments including the inability to walk properly, acute diabetes, and kidney issues.
( With inputs from ANI )