New Delhi, Jan 30: The Supreme Court on Friday took strong exception to a Mumbai doctor`s medical advice to 1993 Mumbai serial blasts life convict Yosuf Abdul Razak Memon that he needs rest in home and termed it as an "abuse of court order."
The apex court expressed anguish over the advice by
Doctor Macchiswala of J J Hospital that Memon, who is
suffering from acute Schizophrenia and is undergoing
treatment, requires rest in home condition.
It termed the advice of the doctor as "abuse of the
court order".
A Bench headed by Chief Justice K G Balakrishnan said
that Memon should not be allowed to move from hospital to any
other place as he was granted interim bail on the condition
that he will be under surveillance during the treatment.
"The doctor has no business to say that Memon has to
stay at home. It is against the conditions imposed by us while
granting him bail," the Bench, also comprising Justice P
Sathasivam said.
"We had not passed any order that he will go to home.
Our order was that he will be in hospital under surveillance,"
the Bench said.
Additional Solicitor General Amarender Sharan, appearing
for CBI, opposed the medical report prepared by Macchiswala
which was produced by Memon`s counsel Abhishekh Singhvi for
seeking extension of the interim bail on medical ground.
"He (Memon) should not be allowed to go home but to
jail," he said and pointed out from the medical report that
Memon during the extension of interim bail since October 24
last had visited the hospital only for 10 days and now seeking
further extension on medical ground.
"Memon continues to remain at home. It is a clear
abuse of the order (of bail)," the ASG said.
The apex court, which on February 29 last year had
granted bail to Memon on medical ground, has been extending it
after every three months based on the medical report.
Yusuf is related to Tiger Memon, an absconding accused
and alleged mastermind of the Mumbai blasts.
Bureau Report
