The Supreme Court has refused to grant interim bail to Anti-Sikh riots co-accused Mahendra Singh Yadav on ground of being tested positive of COVID- 19 and deteriorating health conditions.
The bench comprising Justice Indira Banerjee and Justice BR Gavai was hearing a bail application filed by former MLA Mahendra Singh Yadav in which he has submitted that the he was tested positive for COVID 19 on June 26 and his health is continuously deteriorating.
Senior Advocate R Basant appeared for the petitioner. He argued that Yadav was in ICU, and even in hospital he is in judicial custody. Relatives are not allowed to visit him.
Petitioner argued before the bench to grant him interim bail since he is in custody for more than a year and 5 months. Moreover, he is 70 years of age and facing many health problems.
Mahendra Singh Yadav had been convicted by the Delhi High Court in the Anti Sikh Riot case under Section 120B read with 436/153A (1)(a)& (b) and 295 of IPC for killing of five Sikhs on 1st – 2nd November , 1984 and burning down of a gurudwara in Raj Nagar.
Yadav along with the other convicts surrendered in December 2018 before a Delhi Court to serve a term of 10 year imprisonment.
Justice Banerjee said,” if a person is in ICU or general ward no relative can visit. She stated generalisation cannot be made in such cases.”How can we make rule for him ? If allowed in this case everyone will come. I don’t think we can entertain this petition in absence of any specific allegation.