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Delhi high court seeks surety from Ugandan embassy for deporting AIDS victim

The Delhi high court today directed Ugandan high commission officials to stand surety as a pre-condition for the deportation of its national who is said to be a full blown case of AIDS and a detenue under the Narcotic Drugs and Psychotropic Substances act.

A division bench, comprising Justices Y K Sabharwal and K S Gupta, in their brief order, said, ''Some top officials of the high commission may have to stand surety for the accused, Dorothy, and give an undertaking to the high court and the government that if the accused survives, the Ugandan government would ensure her presence in India to ensure trial.

''In case the Ugandan high commission is willing to take these steps, this court can consider the submissions for passing necessary directions to facilitate Dorothy's presence with her relations in Uganda in view of her state of health,'' the bench said.

In a petition filed by the AIDS Awareness Groups on behalf of the Ugandan national Dorothy, a full-blown AIDS victim, the government has been urged to deport her to her native country so that she may be in a position to spend her last few days among her relatives in peace.

Counsel for the petitioner was directed to take up the matter with the high commission and intimate the judges about the outcome on Friday.

The question of the high commission's surety came after home ministry counsel Maninder Singh submitted that the department of revenue, which deals with the NDPS Act, would object to the move to drop prosecution as it would set up a bad precedent in all such cases.

Pursuant to the court's directions on September 15, the home ministry assigned the joint secretary in the ministry, P K Gulati, to go into the feasibility of Dorothy's deportation in view of the doctors' report that she was a terminal AIDS patient.

Singh submitted that Gulati, in his report, has stated that the department was of the view that in case any such direction was passed, drug peddlers would take its benefit to get deported.

The judges, however, clarified that there was no question of withdrawing the case against her. In this regard, the court decided to consider the suggestion of the petitioner's counsel for adjournment of the prosecution against Dorothy sine die so that in case she ultimately survives, she may come back to India to face trial.

The court placed on record, a profound appreciation of the manner in which each government department worked in the matter.

The court is likely to give final directions tomorrow.

The bench had, on the last date of hearing, directed the central government to take a policy decision on the deportation of foreign detenues suffering from AIDS. ''It would be desirable for the government to take a policy decision in such matters,'' it observed.

Dr R S K Sinha, physician and in-charge of the Safdarjung Hospital who had treated Dorothy, said she was a full-blown case of AIDS and had taken treatment in the hospital for five, six days.

Dr S P Barua, resident doctor at the Tihar Hospital, who was present in court, stated that she was suffering from various ailments as the disease was in a terminal state, and there was no chances of recovery or survival.

Her blood samples have tested positive for AIDS, and there has been a constant deterioration in her condition, Dr Barua submitted.

The petition filed by AIDSAG said the Ugandan woman was facing charges under the NDPS Act for allegedly smuggling one and a half kg of heroin valued at Rs 15 million in the international market.

UNI

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