“Nothing So Serious In The Medical Report”: SC Adjourns Medical Bail Plea Of Ex-PFI Chairman Abubacker E. To January 17
The Supreme Court today 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.
The Bench of Justice MM Sundresh and Justice Rajesh Bindal heard the matter.
Advocate Adit Pujari appeared for Abubacker, while Advocate Kanu Agrawal represented the National Investigation Agency (NIA).
Justice Sundresh remarked during the hearing, "There is nothing so serious in the medical report."
In response, Advocate Pujari submitted that the petitioner’s legal team had not received the medical report and requested the Court to provide a copy for review.
Justice Bindal questioned the petitioner’s counsel, saying, "You are seeking bail on medical grounds, but you do not know the status of the person?"
Pujari clarified, "We know the status of the person," but insisted on obtaining the latest medical records to substantiate their arguments.
Advocate Agrawal for the NIA informed the Court that the report was part of the court file and suggested that the petitioner’s Advocate-on-Record (AOR) might not have shared the latest document.
The Bench directed the Registry to provide the petitioner with the medical report and scheduled the matter for further arguments on January 17, 2025.
Justice Sundresh emphasized, "We issued notice on the limited purpose of medical bail," reiterating that the Court found no significant concerns in the medical report so far.
Pertinently, 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]
