Breaking: SC Declines Medical Bail To Former PFI Chairman Abubacker E.; Grants Liberty To Approach Trial Court If Health Worsens
The Supreme Court was hearing a Special Leave Petition filed by E. Abubacker, former chairman of banned outfit Popular Front of India (PFI), against the May 28 order of the Delhi High Court dismissing the bail application in a UAPA. case.
The Supreme Court today refused to grant medical bail to former Popular Front of India (PFI) Chairman, Abubacker E., citing no critical findings in his AIIMS medical report.
The Bench of Justice MM Sundresh and Justice Rajesh Bindal said, "After going through the report, at this stage, we are not inclined to order Bail."
However, the Court granted Abubacker the liberty to approach the Trial Court if his medical condition deteriorates further.
Solicitor General (SG) Tushar Mehta, along with Additional Solicitor General (ASG) SV Raju and Advocate Kanu Agrawal, appeared for NIA, and Senior Advocate Gopal Sankaranarayanan appeared for Abubacker.
At the outset, the Senior Counsel representing the accused submitted that even the medical report of AIIMS indicates the same, that Bail shall be granted.
"How do you say so?" Justice Sundresh asked.
The Senior Counsel then took the Bench through the entire medical report. He referred to cases with similar charges. he submitted that Abubacker is an undertrial.
Justice Bindal objected to it and said, "This case is restricted to medical bail. We issued notice, on the limited ground for medical bail...Reference should not be made to the judgments involving undertrials."
ASG Raju argued, "Kindly see the medical reports; all treatments optimised."
The Senior Counsel requested the Court, "Let there be an alternative prayer; let him be in house arrest."
However, the Court refused to grant such a prayer. Additionally, the Bench granted liberty to approach the Trial Court in case the medical condition gets worse.
Previous Court Proceedings
Pertinently, on January 10, had adjourned the medical bail petition of former Popular Front of India (PFI) Chairman, Abubacker E., to January 17, 2025, directing the Registry to provide the petitioner with a copy of the medical report submitted in the case. Justice Sundresh had remarked during the hearing, "There is nothing so serious in the medical report."
On November 12, 2024, the Apex Court had sought a medical report from AIIMS, examining him as an inpatient. "We request the Director, AIIMS to constitute a team and have an examination of the petitioner. Needless to say he shall be escorted. He shall be taken to AIIMS within a period of 2 days. The detailed examination is to be conducted on admission to the hospital...Post the matter after 2 weeks," the Court had ordered.
It is to be noted that on September 20, 2024, the Court had issued notice in Abubacker's medical bail petition.
Earlier, on May 28, 2024, the Delhi High Court had denied bail to the PFI leader. Abubacker, who is currently lodged in jail, was arrested on September 22, 2022, and a chargesheet was filed before the Trial Court on March 18, 2023.
On the plea for release on medical grounds, the Court had noted that Abubacker is in his seventies and is suffering from Parkinson's disease and underwent surgery for treatment of his cancer, however, he is no longer suffering from any kind of malignancy. "As per the report received from Medical Officer Incharge, Central Jail Dispensary, he was, though, referred to AIIMS Hospital for admission, he did not choose to go there," the Court had noted.
The Court had said, "We do understand that Parkinson's disease is a progressive disorder which gradually affects the nervous system but fact remains that adequate directions have already been given by the learned Trial Court in the impugned order and as per jail report, appellant, himself, is not interested in getting admitted in AIIMS, New Delhi. Needless to emphasize, AIIMS is one of the best and most sought-after medical facility in the country."
The Division Bench had stated that there wasn't any compelling reason to release him on the basis of his medical condition either. "Needless to supplement, in case his medical condition further deteriorates or gets worsened, Jail Superintendent would immediately rush him to AIIMS, without seeking any formal direction from the Court," it had added.
Cause Title: Abubacker E. v. National Investigation Agency [Diary No. 32949/2024]
