“He's completely fine & undergoing treatment”: SPP Akshai Malik submits before Delhi HC in Former PFI Chairman E. Abubacker’s Interim Bail plea

During the hearing on Wednesday, Special Public Prosecutor Akshai Malik appearing for the National Investigation Agency 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.

Advocate Aditya Pujari appearing for Abubacker sought some time for obtaining instructions on the status report submitted by NIA.

Taking note of the submissions, a division bench of Justice Siddharth Mridul and Justice Talwant Singh listed the matter for further hearing on December 19.

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

On November 30, the High Court had issued notice to the National Investigation Agency and had 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 be 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 the contrary, Special Public Prosecutor Akshai Malik appearing for NIA had contended that the accused was a member of the PFI, which is a banned organization now. Malik had contended that before issuing any notice in the case, the bench should take note of the AIIMS report first.

Without going into the merits of the case, the division bench had denied Abubaker’s request for House Arrest, and had 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”.

On October 13, Justice Anoop Kumar Mendiratta of the High Court had 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