Delhi HC seeks status report authored by AIIMS in Former PFI Chairman E. Abubacker’s interim bail plea for medical treatment

The Delhi High Court on Wednesday issued notice to the National Investigation Agency and sought a status report on/before the next date of hearing, in an interim bail plea filed by Former Popular Front of India (PFI) Chairman Erappungal Abubacker.

A division bench of Justice Siddharth Mridul and Justice Talwant Singh 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.

The bench was hearing an interim bail plea filed by Former PFI Chairman E. Abubacker challenging the Special Judges order dated November 14, sought for medical treatment.

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

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

On the contrary, Special Public Prosecutor Akshai Malik appearing for NIA contended that the accused was a member of the PFI, which is a banned organization now. Malik contended that before issuing any notice in the case, the bench may kindly go through the AIIMS report first.

Without going into the merits of the case, the division bench denied Abubaker’s request for House Arrest, and said, “We are going to treat this as an appeal of medical treatment and whether he (Abubacker) requires treatment by being hospitalized or in jail”.

Accordingly, the court listed the matter for further hearing on December 14.

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