“Can’t grant House Arrest; if your medical condition requires hospitalization, we'll do that!”: Delhi HC in Former PFI Chairman E. Abubacker’s Interim bail plea

The Delhi High Court on Monday rejected the contention of the counsel appearing for Former PFI Chairman E. Abubacker in the interim bail sought for medical treatment and said, “We can’t grant you house arrest first of all if your medical condition requires hospitalization, we'll do that!”

Noting that in the present case, even hospitalization is not required, a division bench of Justice Siddharth Mridul and Justice Talwant Singh added, “When you want a medical bail, how can you talk about House Arrest??”

Advocate Aditya Pujari appearing for Abubacker submitted that the report of AIIMS is conflicting, and stated that there has to be another opinion for diagnosis. He argued, “I have only 20% of my abdomen left, I cannot fast for tests", and that jail food is not sufficient. 

Pujari alleged that Abubacker was taken to a nurse and not to a doctor on September 22. He contended that if Abubacker is given "House Arrest" his family can monitor his diagnosis. “Even Gautam Navlakha didn’t require any hospitalization, I(Abubacker) have Parkinson’s disease, I have rare cancer, I need proper diagnosis and monitoring”, Pujari argued.

On the contrary, Special Public Prosecutor Akshai Malik appearing for National Investigation Agency (NIA) argued that in Gautam Navlakha’s case the chargesheet had been filed, but that’s not the case here. He contended that the matter is at a crucial state here. Malik submitted that Abubacker’s appointment with the Oncology department is scheduled for December 22. Furthermore, he added that he is being taken care of and is taken to AIIMS hospital regularly for treatment.

Taking note of the submissions, the division bench directed NIA that a status report be filed with the opinion and treatment required from the Medical Superintendent of the Tihar Jail. The court also permitted Abubacker’s son Amal Thahseen to be present at the AIIMS Onco-Surgery Department on December 22.

Accordingly, the bench listed the matter for further hearing on January 6, 2023.

On Wednesday, SPP Akshai Malik submitted before the Delhi High Court the Status report of Former PFI Chairman E. Abubacker’s medical condition. He stated that it was authored by the All India Medical Sciences (AIIMS) hospital. He added that Abubacker is completely fine and is undergoing treatment. 

On November 30, the High Court issued notice to the National Investigation Agency and sought a status report on/before the next hearing date, in an interim bail plea filed. 

The division bench had directed that the status report shall incorporate the medical officer's opinion authored by All India Medical Sciences (AIIMS) hospital regarding the ailments and treatment advised for the accused.

During the hearing, the counsel for Abubacker had contended that he is around 70 years old and suffers from a variety of serious and rare medical conditions, including a rare form of cancer known as "Gastroesophageal junction adenocarcinoma" (Ca GE Junction), as well as Parkinson's Disease, hypertension, diabetes, loss of vision, and nervous system disorders.

The counsel had also stated that Abubacker had undergone Diagnostic Laparoscopy and cycles of chemotherapy since 2019 at specialized cancer hospitals and doctors. He had further stated that Abubacker even forgets to take his medicines as he is a patient of Parkinson’s disease, and had contended that his medical condition necessitates constant medical care and attention from specialized hospitals and doctors.

Furthermore, the counsel had contended that Abubaker is granted bail for being treated. While relying on Gautam Navlakha’s Judgment of the Apex Court, he had contended that the accused may also be granted house arrest.

On October 13, Justice Anoop Kumar Mendiratta of the High Court dismissed the bail application filed by Abubacker sought on medical grounds.

Abubacker was arrested on September 22, in the PFI raids and was initially sent to a 4-day NIA custody.

Case Title: Aboobaker E. v. NIA