Supreme Court Issues Notice In Former PFI Chairman Abubacker's SLP Against Order Denying Bail

The Supreme Court today issued notice in a Special Leave Petition (SLP) filed by former Popular Front of India (PFI) Chairman Abubacker E., challenging the Delhi High Court order denying him bail in the Unlawful Activities Prevention Act (UAPA) case being investigated by the NIA.

The Bench of Justice MM Sundresh and Justice Aravind Kumar issued notice in the SLP and sought the response of the NIA. 

Advocate Adit Pujari appeared for the PFI leader.

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 isn'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]