Supreme Court: The bench of Indira Banerjee and BR Gavai, JJ has refused to grant interim bail to Mahendra Singh Yadav, co-convict in the anti-Sikh riots case. Yadav had sought bail on account of being found to be COVID-19 positive.

The Court was informed that Yadav is in a serious condition. He has been hospitalized and is in the Intensive Care Unit. Everything possible is being done for the treatment of the petitioner

Additional Solicitor General KM Nataraj also told the Court that

“all the patients are given equal treatment and there is no discrimination of the petitioner or the members of his family on the ground of incarceration of the petitioner.”

Senior Advocate R. Basant, appearing for the petitioner argued that interim bail should be granted to Yadav to enable him and/or his family to take steps in view of his deteriorating health condition. The family, however, has no grievance with regard to the treatment given to the petitioner.

Refusing to entertain the application, the Court said,

“There is, however, no specific indication and/or suggestion forthcoming from the petitioner and/or his family members as to the steps which they wish to take. There is no offer from the family to shift the petitioner to any other hospital. There is not even a whisper in the petition that any differential treatment is meted to the patient or to his relatives on the ground of incarceration of the petitioner.”

[Mahendra Singh Yadav v. High Court of Delhi, 2020 SCC OnLine SC 553  , order dated 01.07.2020]

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