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The plea filed by Abubacker states that his medical condition necessitates constant medical care and attention from specialised hospitals and doctors, which can only be provided by his family members and kin at best.
Justice Anoop Kumar Mendiratta of the Delhi High Court, on Thursday, dismissed the bail application filed by former Popular Front India (PFI), Chairman, Erappungal 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.
Abubacker's bail application stated 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, for which he has been undergone Diagnostic Laparoscopy and cycles of chemotherapy since 2019 at specialized cancer hospitals and doctors, which has now been interrupted.
The plea states that that Abubacker’s medical condition necessitates constant medical care and attention from specialized hospitals and doctors, which can only be provided by his family members and kin at best.
The plea stated that the present case squarely falls under the decision as held by the Supreme Court, making it a fit case for permanent bail on medical grounds, as his health condition is severe and critical, necessitating the High Court's urgent intervention.
It stated that despite being in police custody since September 22, when he approached the Special Court for his bail, it was rejected stating:
“I am of the view that his police remand cannot be curtailed only for this reason. This court is very much conscious of the medical condition of the accused but at the same time a balance has to strike for NIA to unearth all the relevant evidence and material.”
Furthermore, the plea stated that as a critical medical patient, he agrees to use the term of bail solely for his medical treatment and well-being, which is a Fundamental Right guaranteed by Article 21 of the Indian Constitution.
“The present crime involves numerous FIR‟s and complaints across India, wherein over 200 arrests have been made till date. Hence, there exists no definitive period as to the completion of the investigation and Special, thus, under critical medical conditions, the Petitioner cannot be compelled to languish in custody, which would ultimately prove to be fatal for his life and well-being”, the plea read.
Case title: Abubacker E. v. National Investigating Agency
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