The Supreme Court on Friday dismissed a petition filed by former Popular Front of India (PFI) chairman E Abubacker, seeking bail on medical grounds in a case registered under the Unlawful Activities (Prevention) Act.
The Bench of Justice Sundresh and Justice Rajesh Bindal observed that it was not inclined to grant bail on medical grounds at this stage. It further rejected the petitioner’s request to keep him under house arrest.
The Apex Court, however, granted liberty to the petitioner to approach the trial court for relief.
The National Investigation Agency (NIA) arrested Abubacker on September 22, 2022, during a crackdown on PFI, following a ban imposed by the Union government on the organisation and associated entities for five years under relevant provisions of UAPA.
He was booked under Sections 120B and 153A of the Indian Penal Code, 1860, and Sections 17, 18, 18B, 20, 22B 38 and 39 of the Unlawful Activities (Prevention) Act, 1967.
The PFI leader has remained behind bars since. A charge sheet was filed against him before the trial court on March 18, 2023.
On November 12, the Bench of Justice MM Sundresh and Justice Aravind Kumar had directed the All India Institute of Medical Sciences (AIIMS) to constitute a medical team and thoroughly examine Abubacker, so as to ascertain whether he deserved bail on medical grounds.
Senior Advocate Gopal Sankaranarayan, representing Abubacker, today apprised the Bench that the medical report was in his favour. The Counsel referred to a few judgments, wherein petitioners accused of similar terrorism charges were granted bail by the Court on medical grounds.
Representing the National Investigation Agency (NIA), Additional Solicitor General SV Raju argued that all the medical conditions raised by Abubacker have been optimised through various treatments. Therefore, he could not be granted bail.
When Sankaranarayan requested the Court to keep the petitioner under house arrest, SG Mehta objected to the prayer, stating that seeking house arrest had become a ‘new’ concept.
On September 20, the Bench had issued notice on Abubacker’s medical bail petition.
On May 28, 2024, the Delhi High Court had rejected the bail application of Abubacker.
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.