The Supreme Court on Tuesday directed the All India Institute of Medical Sciences (AIIMS) to conduct a thorough medical examination of former Popular Front of India (PFI) Chairman E Abubacker within two days and submit a report of the same.
The Bench of Justice MM Sundresh and Justice Aravind Kumar issued the directions while hearing a Special Leave Petition (SLP) filed by Abubacker challenging the May 28, 2024 order of the Delhi High Court that denied him bail in a case registered under the Unlawful Activities (Prevention) Act.
The Bench made it clear at the very outset that it would be considering the petition only on ‘medical grounds’.
The Apex Court directed the Director of AIIMS to constitute a team and examine the petitioner as an inpatient. It said Abubacker should be taken to AIIMS within the next two days.
Appearing for the National Investigation Agency (NIA), which is probing the UAPA case against Abubacker, Solicitor General Tushar Mehta claimed that the medical bail petition was merely a front for seeking regular bail.
He said NIA has filed an affidavit in the Court, showing some startling facts as to how there was a deliberate attempt to mislead the Court. SG Mehta further said that after the Students Islamic Movement of India (SIMI) was prohibited, Abubacker established PFI.
By using medical grounds, the petitioner was trying to get a regular bail. Abubacker was already being treated in AIIMS. He was taken to AIIMS 40 times, added the SG.
Representing Abubacker, Senior Advocate Kamini Jaiswal submitted that if a man was being taken to AIIMS 40 times, was that not a ground for medical bail?
Noting that Abubacker was suffering from cancer, dementia, diabetes and severe Parkinson’s disease, the Counsel for the petitioner said he had been escorted to AIIMS on multiple occasions and required consistent medical care.
SG Mehta responded by saying that the petitioner was taken to AIIMS whenever he requested for the same.
The Bench noted that earlier on various occasions, Abubacker had refused to give consent for his PET scan and other tests.
Emphasising its reliance on medical expertise, the top court of the country requested AIIMS to form a team and submit a report on Abubacker’s health.
The Bench observed that in case the report said Abubacker was not cooperating and the release was not required, the Court would go with that. The Apex Court listed the matter for further hearing after two weeks.
On September 20, the Bench had issued notice on Abubacker’s medical bail petition.
The Delhi High Court had rejected the bail application of Abubacker on May 28. The PFI leader was arrested on September 22, 2022, and has remained behind bars since. A charge sheet was filed against him before the Trial Court on March 18, 2023.
The High Court had noted that Abubacker was in his seventies, suffering from Parkinson’s disease, and also underwent surgery for the treatment of his cancer. However, he was no longer suffering from any kind of malignancy.
The High Court said as per the report received from the Medical Officer In-charge, Central Jail Dispensary, though Abubacker was referred to AIIMS Hospital for admission, he did not choose to go there.
The High Court, while noting that Parkinson’s was a progressive disorder that gradually affected the nervous system, said the fact remained that adequate directions have already been given by the Trial Court in the impugned order and as per the jail report, the appellant, himself was not interested in getting admitted to AIIMS, New Delhi. AIIMS was one of the best and most sought-after medical facilities in the country.
The Division Bench further said that there was no compelling reason to release Abubacker on the basis of his medical condition either. In case his medical condition further deteriorated or worsened, the Jail Superintendent should immediately rush him to AIIMS, without seeking any formal direction from the Court, it added.