HC directs jail authorities to provide full medical facilities to Factoo

HC directs jail authorities to provide full medical facilities to Factoo

SRINAGAR: The J&K High Court on Tuesday sought response and directed authorities at Udhampur Jail to provide all medical facilities to detained separatist leader Ashiq Hussain Factoo.
The court passed directions to Jail Superintendent Udhampur to take necessary steps in this regard and ensure that proper medical facilities are provided to the applicant (Factoo).
The petitioner Counsel, Mian Qayoom, stated that no proper medical relief is being provided to Factoo as he is suffering from different ailments, particularly from orthopaedic health-related condition.
The Division Bench of Chief Justice Gita Mittal and Justice Tashi Rabstan after hearing the counsel directed Superintendent Udhampur Jail to provide all medical facilities to the applicant related to his medical condition forthwith and observed that under law State as well police authorities are bound to provide medical relief to any detained person.
Counsel Mian Qayoom in his argument had informed court that the appellant, Factoo, is suffering from severe orthopaedic problems and is in dire need of proper medical attention, but unfortunately jail authorities have been unable to provide the same.
He said that Factoo, who is serving life imprisonment, is suffering from different ailments and should be treated at a concerned government hospital or that a team of doctors be constituted to treat the detenue.
Earlier also, Qayoom, representing Factoo, had approached the court with a contempt petition against the state authorities arguing that the petitioner Factoo has been shifted to Udhampur Jail by violating High Court orders and the orders of the Jammu court designated under TADA, which in the year 2003 had directed the state authorities to lodge the petitioner in Central Jail Srinagar.
He had argued for the petitioner to be shifted back to Central Jail Srinagar forthwith and action to be initiated against the erring officials for violating court orders. He had argued that contempt proceedings be initiated against the respondents for violating the orders dated 12 December 2003, 23 September 2004 and 30 January 2017, passed in petition no.185/2003 and 464/2004 and also the orders passed in latent patent appeal (LPA) no. 230/2012.
He had also stated before court that as per the jail manual, a life convict while serving his sentence is to be lodged in a central prison. With District Jail Udhampur not being a central prison, the lodgement of the petitioner in the said prison is therefore contrary to the jail manual as well.
In 2003, Factoo, who is the husband of Dukhtaran-e-Millat chief Asiya Andrabi, was sentenced to life imprisonment on charges of involvement in the murder of noted Kashmiri Pandit human rights activist Hriday Nath Wanchoo in 1992. He has completed 26 years, 8 months and 29 days of imprisonment as on 31 October 2017.
Factoo has completed a doctorate on the ‘Status of Sunnah in Islamic Thought and Shariah’ while in jail. He has been serving a life sentence following his arrest in February 1993. A Jammu court had acquitted Factoo in 2001, but the apex court overturned the verdict and sentenced him to life imprisonment.