Physiotherapy will be made available to UAPA accused AS Ismail in Tihar Jail: NIA tells Supreme Court

Supreme Court was informed today that whatever physiotherapy is required for o Popular Front of India (PFI) leader AS Ismail lodges in Tihar Jail no. 3, as per medical advice, will be made available to him.

Two days back, court had refused bail on medical grounds to Ismail, who is booked under various provisions of the IPC and the Unlawful Activities (Prevention) Act.

While the bench of Justices KV Vishwanathan and N Kotiswar Singh was not inclined to consider enlarging Ismail on bail on medical grounds, considering the report of All India Institute of Medical Sciences dated 15.03.2025, it had issued notice to the respondent authorities only to examine availability of physiotherapist facility for Ismail.

Court was told that said facility was available in Tihar Jail-3, could also be made available to the petitioner who is currently lodged in Tihar Jail-1. Additional Solicitor General Archana Pathak Dave has been asked to obtain instructions on this aspect and inform the Court on 27.06.2025, i.e., today.

ASG Archana Pathak Dave stated today that the physiotherapy, as sought by Ismail, is available in Tihar Jail No.1 and in case the need arises to resort to the Physiotherapy Department at Tihar Jail No.3 that facility also will be made available.

Recording the statement, the Special Leave Petition has now been disposed of.

The Delhi High Court had in May refused to grant interim bail on medical grounds to the PFI leader as a bench of Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar observed that Ismail's health had significantly improved and therefore declined to interfere with the order passed by the trial court.

Ismail had filed an appeal against the Patiala House Court’s order rejecting his application for interim bail on medical grounds. After perusing the latest medical report by the Medical Board of the AIIMS, the court noted that Ismail is being given proper treatment in Jail. It also added that his condition is not such that it would deteriorate if an interim bail is not granted.

"The jail authorities are directed to continue with the treatment as prescribed by the doctors including regular physiotherapy and continuous monitoring of the blood pressure of the Appellant. The jail authorities are also directed to take the Appellant to the AIIMS once every month to monitor his condition," the court had ordered.

As per the National Investigating Agency (NIA), Ismail was allegedly involved in a conspiracy led by the office bearers of the PFI, who are involved in collecting funds from within India and abroad through hawala, donations, for committing terrorist acts in various parts of India. The NIA has alleged that Ismail was a member of the banned terrorist organisation, namely the Students Islamic Movement of India.

It has been further alleged that he was involved in a conspiracy to radicalise gullible Muslim youth by provoking them against the Indian Government and leaders of organisations who do not believe in the establishment of Islamic rule in India.

Case Title: AS ISMAIL vs. NATIONAL INVESTIGATION AGENCY