Delhi High Court Denies Interim Bail To PFI Leader On Medical Grounds Citing His Improved Condition

The Delhi High Court has denied interim bail to the leader of Popular Front of India (PFI), AS Isamil, on medical grounds, citing his improved condition in the jail premises.

The Court was considering an Appeal against an order rejecting the Application of the Appellant herein seeking interim bail on medical grounds.

The Division Bench of Justice Subramonium Prasad and Justice S.Vaidyanathan observed, "......Material on record indicates that the Appellant is being given proper treatment and he is showing improvement even when he is in incarceration.This indicates that the Appellant is being given proper treatment in Jail. Moreover, the latest medical report by the Medical Board of the AIIMS shows that the condition of the Appellant is not such that it will deteriorate if the Appellant is not granted interim bail, as prayed for by the Appellant."

The Appellant was represented by Senior Advocate Tanwir Ahmed Mir while the Respondent was represented by Special Public Prosecutor Rahul Tyagi.

Facts of the Case

The Appellant was one of the accused in FIR registered by the National Investigation Agency under Section 120B, 153 IPC and Sections 17, 18, 18B, 22B, 38, 29 of the Unlawful Activities (Prevention) Act, 1967 (UAPA). It was stated that the case in which the Appellant was involved pertains to a conspiracy hatched by the office bearers, members and cadres of Popular Front of India (PFI) who were involved in raising or collecting funds from within India and abroad through banking channels, Hawala, donations etc. for committing or getting committed, terrorist acts in various parts of India.

It was stated that after completing investigation against all the arrested accused persons, including the Appellant herein, a chargesheet was filed against 19 accused persons, including the Appellant herein, and the PFI. It was stated that the Appellant herein was earlier a member of the Students Islamic Movement of India, which was banned as terrorist organization. It was stated that the Appellant herein was the State President, PFI, Tamil Nadu and later became a NEC member of PFI. It was stated that the Appellant was involved in the conspiracy of radicalizing the gullible Muslim youth by provoking them against the Indian Government & leaders of organizations who do not believe in the establishment of Islamic Rule in India. The allegations against the Appellant herein were that he was involved in creating communal disharmony and disrupting the sovereignty and integrity of India.

It was stated that the Appellant suffered a stroke on the right side of his body on October 20, 2024 and he was treated at the jail hospital and later on referred to DDU Hospital for medical check-up where the doctors have found weakness on the right side of the Appellant’s body and the Appellant was referred to Neurosurgical Department of the Safdarjung Hospital and was admitted for two days at the Safdurjung Hospital and was discharged later on with the diagnosis of Left sided brain Hematoma with Haemorrhagic Cerebrovascular accident. The Appellant was granted custody parole for his treatment at the Apollo Hospital, New Delhi. Later, when the Appellant filed an application before the Trial Court seeking interim bail for six months on medical grounds, the same was rejected.

Reasoning By Court

The Court observed that the latest medical report of the Appellant indicates that the medical condition of the Appellant has significantly improved, and at present, he only has mild facial asymmetry.

"The latest medical report of the AIIMS suggests that the right side weakness of the Appellant has improved and he can walk with assistance and he is no longer wheel-chair bound. The Appellant has been advised to continue with physiotherapy and previous medications with regular monitoring of blood pressure," the Court observed.

The Appeal was accordingly dismissed.

Cause Title: A.S. Ismail vs. National Investigation Agency (2025:DHC:38240-DB)

Appearances:

Petitioner- Senior Advocate Tanwir Ahmed Mir, Advocate A.Nowfal, Advocate Imran Ahmad, Advocate Shereef K.A., Advocate Md.Arif Hussain

Respondent- Special Public Prosecutor Rahul Tyagi, Assistant Special Public Prosecutor Jatin

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