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Court was hearing a plea filed by former PFI Chairman Erappungal Abubacker seeking implementation of the Special Judge's order for his admission to the All India Institute of Medical Sciences (AIIMS)
The Delhi High Court on Monday directed the Medical Superintendent of Tihar Jail to file a status report on the ‘current medical condition’ of former Popular Front of India (PFI) Chairman, E. Abubacker, who is lodged in the prison curently.
The bench comprising of Justice Siddharth Mridul and Justice Anish Dayal was hearing a fresh appeal filed by the former PFI chairman seeking 'actual implementation' of a trial court order passed by the Special Judge directing his admission to the All India Institute of Medical Sciences (AIIMS).
Advocate Adit Pujari, on behalf of Abubacker, submitted, “This is a fresh appeal, a second round of the same. There are two applications, one for the condonation of delay and the other for the actual implementation of the directions passed by the Special Judge. There is a delay of 24 days”.
“The interim relief is one where the learned Special Judge by way of the impugned order actually directed my (Abubacker’s) admission in AIIMS, which has not been done. So, we are asking for the implementation of that”, Pujari contended.
Special Public Prosecutor for NIA submitted that Abubacker has been taken to AIIMS not just once but several times. “The direction of the Special Judge, I believe was to examine him and if required he may be admitted. We never opposed it. He may be given the best medical treatment. He may be sent to AIIMS, if they feel he has to be admitted then he’ll be admitted”, the SPP submitted.
To, this Pujari submitted, “This is not a question of AIIMS coming to a conclusion, my lord! This is a direction”.
“Just a minute Mr. Pujari, if AIIMS doesn’t think that this person requires hospitalization, they can’t just keep him...Court’s can’t direct somebody who’s unwell to be admitted..”, Justice Mridul remarked orally.
The SPP suggested that the jail authorities be also impleaded in the plea.
“Condone the days. In this application and appeal, issue notice. Time taken to file reply 3 weeks and 1 week each. In the meantime, the medical superintendent is directed to furnish report qua the current medical condition of the appellant and the treatment being provided to him by the AIIMS, before the next date of hearing”, the court ordered.
The matter will be next heard on September 20, 2023.
It is to be noted that the High Court, in April had allowed Abubacker, lodged in prison under an Unlawful Activities Prevention Act (UAPA) case, to withdraw his plea seeking release on account of ill health. The court had granted his counsel Pujari the liberty to approach the Trial Court for Medical Bail.
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, 2022 in the PFI raids and was initially sent to a 4-day NIA custody.
Case Title: Abubacker E. v. National Investigation Agency
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