“How is there a violation of Article 21?”: Delhi HC seeks detailed report of Former PFI Chairman E Abubacker’s daily routine in jail

The Delhi High Court on Thursday directed Advocate Aditya Pujari appearing for former Popular Front of India (PFI) Chairman Erappungal Abubacker to file a detailed affidavit on how there is a violation of Article 21 of the Indian Constitution in the present matter.

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

During the hearing, Advocate Aditya Pujari for Abubacker relied on Section 45 of the Prevention of Money Laundering Act (PMLA) wherein it states that a person who is sick/infirm is liable to be granted bail while considering the "twin conditions".

He submitted that Article 21 of the Indian Constitution itself states the Right to Life & Dignity. He stated, "Abubacker's hands shiver and he is not able to take his hand to his back".

Pujari also stated that Abubacker's son was not allowed to accompany him, despite the order of the Court. Further, he added that the accused is not able to have his drugs on time, as he forgets. He contended that he is so sick and is being taken in the Jail van to the hospital.

Pujari submitted that Abubacker's son was not allowed to meet him, even in December and he was turned back from Jail without meeting his father. He also submitted that Parkinson's aspect has not been dealt with. "In cancer, diet being taken care of is an important aspect. Others have also been granted bail”, he argued.

On Contrary, Special Public Prosecutor Akshai Malik appearing for National Investigation Agency (NIA) contended that Abubacker has been given a Jail Sevadar. He argued that he is getting the best treatment. He also submitted that a direction has been given by the trial court, to take a regular follow-up on his medical treatment.

Taking note of the submissions, the bench asked Pujari as to who are the other people who have been granted bail in a similar situation and said, “Please tell us. We should know what you are urging, we will be the ones passing the orders.” Accordingly, the bench listed the matter for February 1, 2023.

On last Friday, the bench had asked the counsel for Abubacker to reply as to why he wants to go to Kerala when he can be treated at the All India Institute of Medical Sciences. The court had said, “You want to be treated, we are committed to providing you best medical treatment. He cannot be treated at home."

The bench had also said that they will make sure that when his treatment is going on, his son remains there.

Additionally, Pujari had submitted that Abubacker will stay wherever NIA or the court asks him to. "He cannot even do his daily business", the counsel had stressed. The counsel had also referred to the Bombay High Court's judgment in Varavara Rao's matter, wherein, the court had extended the bail on medical grounds.

However, the bench had fallen heavily on Pujari for referring to an unrelated judgment in the matter and had asked the counsel to argue only when he is fully prepared.

The bench had said, "If you are not prepared then we'll give you time, but it cannot happen like this. You have taken our one-hour time. We don't appreciate the manner in which you are dealing with this case." Noting the above, the bench had adjourned the matter to January 12, 2023 and had asked the counsel to be prepared with the matter.

It may be noted that on October 13, Justice Anoop Kumar Mendiratta of the High Court dismissed the bail application filed by Abubacker.

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