Apex Court Orders Medical Examination Of Former PFI Chairman Abubacker E. In Bail Plea On Health Grounds; Seeks Reports From AIIMS
While considering the Medical Bail Petition of former Popular Front of India (PFI) Chairman Abubacker E, the Supreme Court today sought a medical report from AIIMS, examining him as an inpatient.
The Court was hearing a Special Leave Petition (SLP) filed by Abubacker challenging the Delhi High Court's order denying him bail in the Unlawful Activities Prevention Act (UAPA) case being investigated by the NIA. At the very outset, the Bench made it clear that it would be considering the petition only on 'medical grounds'.
The Bench of Justice MM Sundresh and Justice Aravind Kumar directed AIIMS to conduct a thorough medical examination of Abubacker E.
"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 ordered.
During the hearing, Solicitor General Tushar Mehta, representing the National Investigation Agency (NIA), claimed that Abubacker’s petition for medical bail was merely a front for seeking regular bail. The SG submitted, "I have filed my affidavit in reply, showing some startling facts as to how there is a deliberate attempt to mislead the court..after the SIMI was prohibited, he established PFI."
Mehta argued that Abubacker, by using the medical grounds, is trying to get a regular bail. He submitted that he is already being treated in AIIMS. "He was taken to AIIMS 40 times," the SG submitted.
Senior Advocate Kamini Jaiswal for Abubacker submitted, "If a man is being taken to AIIMS 40 times, is that not a ground for medical bail?" Jaiswal argued that his client, who suffers from cancer, dementia, diabetes, and severe Parkinson’s disease, has been escorted to AIIMS on multiple occasions and requires consistent medical care. Tushar Mehta responded by saying that he was taken to AIIMS whenever he requested for the same.
The Court noted that Abubacker had earlier on various occasions refused to give consent for his PET scan and other tests.
The Court, emphasizing its reliance on medical expertise, requested AIIMS to form a team and submit a report on Abubacker’s health. “We will go by the doctor’s report. Tomorrow nobody should point out fingers at us...We hope the petitioner shall extend all cooperation,” Justice Sundresh said. The Bench further clarified that it will simply go by the medical report. "If the report says he is not cooperating and the release is not required, we will go by that," the Court said.
Accordingly, the Court directed the AIIMS to complete the assessment within two days, after which the case will be heard again in two weeks.
It is to be noted that on September 20, the Court had issued notice in Abubacker's medical bail petition.
Pertinently, on May 28, 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]