TMI Blog1951 (6) TMI 25X X X X Extracts X X X X X X X X Extracts X X X X ..... pendent Islamic State with a Muslim majority, in view of the intended transfer of power to the Indians in India. The razakar Organisation was strengthened considerably by a campaign of vigorous recruitment. They were given Military training with firearms and uniforms. They paraded and marched in flagrant violation of law and Regulations - The Razakars became an illegal private body - and started a campaign of speeches vituperative and vitriolic in tone, anti-Hindu in conduct to foment communal hatred and disturb communal tranquillity and decided under a pact entered into with B.S. Venkat, Rao the loader of, the depressed classes, to drive away caste Hindus out of Hyderabad and settle imported Muslims in their place and on their lands. In order to have a Government in sympathy with their objectives and activities, Syad Kasim Razvi and the Working Committee, and Committee of Action succeeded in compelling two successive Prime Ministers of Hyderabad, Sir Miraa Ismail and the Nawab of Chathari, to resign by the use of force and threats of personal violence. Accused 3, 5, 6 and 7 who were top-ranking members of the Majlis and its Working Committee, accused 2, 8 and 9 who were sympatheti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n who were bound over for appearance have also escaped to Pakistan, one of them having obtained permission from the Court to proceed to Bombay for medical treatment and masquerading with his wife as Mr. and Mrs. Pinto and that some of the other Ministers in the Laik Ali Cabinet had already escaped to Pakistan and have not yet chosen to appear before the Court though they are among the accused. 5. We do not accept the contention that there are no reasonable grounds for believing that petitioners have been guilty of the offences charged. In our view, prima facie', there are reasonable grounds on the record. We do not consider it desirable to go into the details at this stage, as after all, it is only a 'prima facie' opinion for purposes of Section 497, Criminal P.C. 6. The main ground on which the petitioners seek bail is their sickness. With regard to Fazl Nawaz Jung it is complained that he is suffering from Coronary Thrombosis or Anginia Pectoris, slow beating of the heart and anaemia. The petitioner is having heart trouble even before he was taken ay a Minister in the Laik Ali Cabinet. It is alleged that his condition is deteriorating. The lower Court after reco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d treatment for anaemia, viz., iron tonic and some other medicines on the ground that it caused him constipation. This statement is borne out by the record. According to Dr. Waghrey, alternative treatment could be arranged for the petitioner in the jail and that the treatment would be one of trial and error. Dr. sunder Raj's report is that the accused did not co-operate with him in receiving medical treatment and Dr. Waghrey's opinion is that the present deterioration might also be explained as due to the patient's non-co-operation. 10. Considering the cumulative effect of the medical evidence placed before us while it is true that the accused is suffering from heart disease complained of, and anaemia, we feel that whatever treatment can be given for it, that can equally be given to him in jail, there being no special treatment which could not be made satisfactorily available to him within the Jail. There is nothing to suggest that the present condition of the patient is the result of the surroundings in jail: The petitioners' Advocate concedes that the petitioners are given special and better treatment analogous to that given to political prisoners, than wha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to improve his health. The Government will see what best could be done for the petitioner in this regard, talking also the wishes of the petitioner into consideration including facilities for frequent visits by members of his family. The Advocate-General has informed us that the Government Is very likely to constitute also a Medical Board in the near future to examine the accused as it has on its own motion recently got the petitioner examined by Dr. Waghrey. It is gratifying to note that the Government fully aware of its responsibilities in the matter, is keeping itself apprised of the condition of the patient. 13. The learned Advocate for the petitioner has relied on a ruling in Emperor v. Rani Abhairaj Kunwar MANU/OU/0002/1939 and points out that the accused therein was a woman of about 60 years under medical treatments for the last 10 years suffering from heart trouble Myocarditis with aedema of legs and diabetis and that she was released on bail by the Sessions Court and the High Court refused to interfere. We however find that in that case the prosecution was for an attempt to murder under Section 307, I.P.C., that all the important witnesses for the prosecution were alrea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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