Jailed Kashmiri separatist leader Altaf Shah dead

Jailed Kashmiri separatist leader Altaf Ahmad Shah, the son-in-law of late pro-Pakistan Hurriyat leader Syed Ali Shah Geelani, died of cancer at the All India Institute of Medical Sciences in New Delhi on Tuesday, a few days after he was taken to the hospital on the orders of the Delhi high court.

Shah, popularly known as 'Altaf Fantoosh', was 66 and is survived by his wife, son and two daughters.

The separatist leader was arrested in 2017 with six others in a terror funding case and was lodged at the Tihar jail.

Shah's body was handed over to family members by the hospital after necessary formalities and it is being taken to Srinagar for last rites.

He had been admitted to the Ram Manohar Lohia (RML) Hospital in New Delhi after he was diagnosed with the disease, and last week, was moved to AIIMS following the intervention of the Delhi high court.

On October 3, the court, while ordering his shifting to AIIMS, had said 'suitable treatment is the part of fundamental right as enshrined in Article 21 of the Constitution'.

Once considered heir apparent to Geelani, Shah had slipped into coma late on Monday evening before being pronounced dead during the intervening night.

An inconsolable Ruwa Shah, who was fighting her father's case, told PTI: "We were informed about abu's (Shah) passing away late last night."

On Tuesday evening, she said that the body has been handed over to family members after completion of necessary formalities and they are on their way home to complete the last rites.

Shah's body was embalmed at AIIMS before it was transported to the airport in police escort.

In a tweet, Ruwa Shah said, "Abu (father) breathed his last at AIIMS, New Delhi. As a prisoner."

Shah, a resident of Srinagar's Soura locality, was arrested on July 25, 2017, in the case being probed by the National Investigation Agency (NIA).

His counsel had told the court he was receiving treatment for certain serious ailments at the RML hospital but it was recently revealed he was suffering from last stage of renal cancer.

While claiming the RML hospital does not have adequate facility to treat renal cancer, the counsel prayed he should be allowed to be shifted to AIIMS or Apollo Hospital for urgent treatment.

Justice Sudhir Kumar Jain, without going into the merits of the case under the Unlawful Activities Prevention Act, said right to have adequate and suitable treatment was the part of the fundamental rights under the Constitution and it was in the interest of justice that the petitioner receives treatment at AIIMS.

In an order dated October 3, the high court, said the medical record submitted on behalf of the petitioner reflects that the petitioner is suffering from various ailments.

The petitioner is also diagnosed with renal cancer although there is no such medical document submitted on behalf of the petitioner, it said.

'However, without going into the merits of the case as the right to have adequate and suitable treatment is the part of fundamental right as enshrined in Article 21 of the Constitution and after considering the totality of the circumstances and in the interest of justice it is ordered that the petitioner be shifted to AIIMS, Delhi for appropriate treatment under the judicial custody and direct supervision of the concerned jail superintendent and after following all necessary security measures,' the court said.

The NIA, after arresting Shah, had filed a charge sheet against him and 11 others, including Lashker-e-Taiba chief Hafeez Saeed and Hizbul Mujahideen head Syed Salahuddin, in a case related to alleged funding of terror and secessionist activities in the Kashmir Valley in January 2018.

He had since been facing trial in a special NIA court.