Commission’s recommendation accepted by MHA
The National Human Rights Commission in an order passed on 9 March 1999 had up held the right of Shri Abdul Gani Lone to seek a second medical opinion abroad, which he considered essential to his survival. Shri Lone is the Chairperson of the Jammu & Kashmir People’s Conference and an executive member of the All Parties Hurriyat Conference.
The Commission in its order had stated that the issue concerned Article 21 of the Constitution relating to the Protection of Life. In these circumstances, even while taking fully into account the most serious views that had been expressed by the Home Ministry in regard to Shri Lone’s antecedents and the past reasons for the denial of travel documents, the Commission considered it its duty at this stage to observe that the over-riding issue, now, related to the right to life itself. And in the present circumstances facing Shri Lone, respect for this right would necessarily imply that he be allowed to travel abroad to seek such further medical advice and treatment as he considered essential to survival.
The Commission accordingly recommended that the Government of India take immediate action and inform the Commission about it by 15 March 1999. The Commission left it to the government to make appropriate restrictions in respect of travel documents in regard to such matters as their duration and the countries for which they will be valid.
Shri Lone had earlier, in a petition to the Commission, complained of gross violation of his rights as the Government had been withholding his travel document since 1994, thus not allowing him to travel abroad for treatment of his serious cardiac problems. He had further complained that his medical treatment at the premier Escorts Hospital had not succeeded in arresting his failing health.
In a letter from the Ministry of Home Affairs dated 6 May 1999, the Commission has been informed that, pursuant to its recommendation and in view of Shri Lone’s failing health the Government had agreed to permit him to travel to the USA for medical treatment. His passport would be valid for a period of 3 months.
The Commission has placed his record its appreciation of the responses of the Ministry of Home Affairs’ to the recommendations made by the Commission.
The Commission in its order had stated that the issue concerned Article 21 of the Constitution relating to the Protection of Life. In these circumstances, even while taking fully into account the most serious views that had been expressed by the Home Ministry in regard to Shri Lone’s antecedents and the past reasons for the denial of travel documents, the Commission considered it its duty at this stage to observe that the over-riding issue, now, related to the right to life itself. And in the present circumstances facing Shri Lone, respect for this right would necessarily imply that he be allowed to travel abroad to seek such further medical advice and treatment as he considered essential to survival.
The Commission accordingly recommended that the Government of India take immediate action and inform the Commission about it by 15 March 1999. The Commission left it to the government to make appropriate restrictions in respect of travel documents in regard to such matters as their duration and the countries for which they will be valid.
Shri Lone had earlier, in a petition to the Commission, complained of gross violation of his rights as the Government had been withholding his travel document since 1994, thus not allowing him to travel abroad for treatment of his serious cardiac problems. He had further complained that his medical treatment at the premier Escorts Hospital had not succeeded in arresting his failing health.
In a letter from the Ministry of Home Affairs dated 6 May 1999, the Commission has been informed that, pursuant to its recommendation and in view of Shri Lone’s failing health the Government had agreed to permit him to travel to the USA for medical treatment. His passport would be valid for a period of 3 months.
The Commission has placed his record its appreciation of the responses of the Ministry of Home Affairs’ to the recommendations made by the Commission.