Delhi HC directs Tihar Jail Superintendent to ensure efficacious medical treatment to Former PFI Chairman E. Abubacker
The division bench was hearing a criminal appeal filed by Former PFI Chairman Erappungal Abubacker challenging the Special Judge's order dated November 14 denying him bail.
The Delhi High Court on Thursday directed Tihar Jail Superintendent to ensure efficacious medical treatment on regular basis, without demand to be provided to 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 the Former PFI Chairman Erappungal Abubacker on medical grounds.
During the hearing, Advocate Aditya Pujari for Abubacker informed the bench that an affidavit has been filed showing the recent position and daily routine of Abubacker. Based on his virtual meeting (Mulaakat) with Abubacker for 45 minutes, Pujari submitted that he cannot stay inside the jail because he is very critical, forgets things, and even though a Sevadar is with him, he is 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 contended.
On the contrary, the counsel for NIA opposed the contention and stated that they have a video of Abubacker talking to thousands of people in Hindi. He also contended that he needed time to reply to the affidavit.
To this, the court said, “Place it on record then. Place the video on record”. Additionally, the bench granted time to NIA to file a response to the affidavit. “Meanwhile, the Jail Superintendent is directed to take care of Abubacker's medical treatment efficaciously, on a regular basis, without demand”, the court said. Accordingly, the court listed the matter for further hearing on March 13.
Earlier, in January, the bench had directed Pujari to file a detailed affidavit on how there is a violation of Article 21 of the Indian Constitution in the present 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
Statute: The Code of Criminal Procedure and The Constitution of India