Delhi High Court directs Medical Superintendent of AIIMS to file MRI reports of Former PFI Chairman E. Abubacker

The Delhi High Court on Monday directed the Medical Superintendent of All India Institute of Medical Sciences (AIIMS) to file MRI reports dated January 29, 2023, of former Popular Front of India (PFI) Chairman Erappungal Abubacker.

A division bench of Justice Siddharth Mridul and Justice Talwant Singh was hearing an interim bail plea filed by Abubacker on medical grounds.

During the hearing, Counsel for NIA submitted that a Medical Report of the Tihar Jail had been submitted in the morning. To this, the court underscored that no such report was on record.

Advocate Adit Pujari appearing for Abubacker then contended that it is a one-page medical report consisting of all the medications being given to Abubacker.

Taking note of the submissions, the court directed the medical report of Tihar Jail be placed on record, and ordered, “At the request of Mr. Pujari Medical Superintendent of AIIMS is directed to file MRI reports conducted on January 29, on or before the next date of hearing”.

Accordingly, the court listed the matter for further hearing on April 6.

It is to be noted that the court had earlier directed Tihar Jail Superintendent to ensure efficacious medical treatment on regular basis, without the demand to be provided to former Popular Front of India (PFI) Chairman Erappungal Abubacker.

Pujari had informed the bench that an affidavit had been filed showing the recent position and daily routine of Abubacker. Based on his virtual meeting (Mulaakat) with Abubacker for 45 minutes, Pujari had submitted that he could not stay inside the jail because he was very critical, forgets things, and even though a Sevadar was with him, he was unable to communicate with him because Abubacker only speaks English or Malayalam.

“At the age of 71 years, this is the first case. He is facing jail for the first time. He has been a school teacher throughout his life”, Pujari had contended.

On the contrary, the counsel for NIA had opposed the contention and stated that they have a video of Abubacker talking to thousands of people in Hindi. He had also contended that he needed time to reply to the affidavit.

Earlier, in January, the bench had directed Pujari to file a detailed affidavit on how there was a violation of Article 21 of the Indian Constitution in the present matter.

Notably, on October 13 last year, Justice Anoop Kumar Mendiratta of the High Court had dismissed the bail application filed by Abubacker.

Abubacker was arrested on September 22, 2022, in the PFI raids.

Case Title: Aboobaker E. v. NIA

Statute: The Code of Criminal Procedure and The Constitution of India