Excelsior Correspondent
JAMMU, Feb 18: The Court of Special Judge (NIA Cases), Jammu, has rejected an application seeking three-month interim bail on medical grounds moved by Gurpartap Singh, an accused facing trial in an NIA case involving serious charges under the Unlawful Activities (Prevention) Act (UAPA), NDPS Act, and IPC.
As per the order passed by Special Judge Prem Sagar, the accused is facing trial in RC No. 05/2020/NIA/JMU for offences under Sections 17, 18, 38, 39 & 40 of UAPA, Section 120-B IPC, and Sections 8/21/23/27-A/29 of the NDPS Act. The interim bail plea was filed through his son, citing medical issues and seeking release for treatment.
The applicant claimed that an eye specialist advised surgery and the date for the procedure was fixed as February 23, 2026. He contended that being a resident of Punjab and presently lodged in District Jail, Rajouri, there was nobody locally to take care of him post-surgery, and therefore he should be permitted interim bail to undergo treatment in a private hospital.
The NIA opposed the plea through SPP R S Slathia and the case officer DySP Sudhanshu Rana, arguing that the application was not maintainable and deserved dismissal at the threshold. The prosecution emphasized that the case attracts a statutory embargo on bail under Section 43-D(5) of UAPA, restricting bail where accusations appear prima facie true, and also under Section 37 of the NDPS Act, which lays down stringent twin conditions for bail.
The prosecution submitted that charges had been framed on August 23, 2022 after the trial court found a prima facie case, and the accused had not challenged that order. It described the allegations as grave, arguing that offences of this nature involve serious threats to public safety and national security and that bail in such cases is an exception.
The court took note of the medical record produced by the Superintendent, District Jail, Rajouri, which indicated that the accused’s infected tooth had already been removed while he remained in custody, and that the cataract surgery is scheduled at GMC & Associated Hospital, Rajouri for 23.02.2026. The Court observed that the medical papers did not reflect any life-threatening emergency and that an accused cannot claim a right to be treated at a hospital of his choice when adequate treatment is available in the government system under custodial arrangements.
After hearing both sides, the Special Judge held that the cataract surgery can be conducted at the Government medical institution and does not require post-operative care for three months as claimed. The court, therefore, rejected the interim bail application. However, it permitted the jail authorities to get the cataract surgery conducted after obtaining the consent of the accused.
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