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Synopsis

The Delhi High Court on Friday asked the counsel for Former Popular Front of India (PFI) Chairman Erappungal 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 was dealing with Abubacker's plea seeking interim bail on medical grounds.

A bench of Justice Siddharth Mridul and Justice Talwant Singh said, "You want to be treated, we are committed to providing you best medical treatment. He cannot be treated at home."

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

During the hearing, the counsel for Abubacker submitted that he has a serious case of cancer and Parkinson's. "It is very serious. He cannot do anything in Parkinson's", he said. 

Counsel also submitted that Abubacker was taken to AIIMS but with Parkinson's, he cannot understand anything. "There has to be some family member who can help, and the same was not allowed," the counsel told the bench.

Thereafter, the bench said that they will make sure that when his treatment is going on, his son remains there.

Additionally, counsel submitted that Abubacker will stay wherever NIA or the court asks him to. "He cannot even do his daily business", the counsel stressed.

The Counsel 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 fell heavily on the counsel for referring to an unrelated judgment in the matter and asked the counsel to argue only when he is fully prepared.

The bench 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 adjourned the matter to January 12, 2023 and 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