Supreme Court Allows PFI Chairman Abubacker E Treatment At Max Hospital Saket On Strict Conditions

The Bench of Justices MM Sundresh and PB Varale passed the directions on Abubacker's medical bail plea. Additional Solicitor General SV Raju appeared for the National Investigation Agency (NIA).

The Court also called on the hospital to submit a report on the further course of treatment required and the possible duration of his hospitalisation, and kept the matter pending. They made it clear that the referral to Max Hospital would operate only on strict conditions. Abubacker is to bear his medical expenses as well as the cost of the police escort, and police personnel will remain on duty for the duration of his hospital stay.

The Court further directed that neither Abubacker nor his attendant may carry a mobile phone or any other objectionable item while he is in hospital. It permitted one family member to accompany Abubacker during his stay. His two sons may take turns, but only one of them can remain with him at any given time. The Bench also directed that the names of both sons be furnished and incorporated into the order.

It asked Max Hospital to submit a report setting out the further course of treatment Abubacker requires and the possible duration of his hospitalisation. The Court kept the matter pending, making it clear that the medical assessment and the need for continued treatment must be placed before it.

During the hearing, counsel for Abubacker referred to the Supreme Court's order dated August 18, 2026, which had observed that the period of hospitalisation should be left to the discretion of the doctors rather than be determined at the instance of counsel. How long Abubacker needs to remain in hospital is therefore a question to be assessed medically.

Once the Court had allowed the referral, counsel for Abubacker thanked the Bench for its consideration. "My lord, all of us are extremely grateful for that, for Your Lordship's kindness in every matter, my lord, not only this, but in every matter. Humanity in our profession is also there, my lord," counsel said.

Justice Sundresh responded with a reflection on the role of the judge. "As a judge, see, in terms of law, I mean all of you know it much better than us. But as a judge, you know, you have to just mix it with some sympathies. That's the only thing. That's what is required from the court," he said.

Referring to the Additional Solicitor General (ASG) SV Raju, Justice Sundresh added, "There is a lot to learn every day. Otherwise, honestly speaking, how do we compare ourselves with him (ASG SV Raju) in terms of legal knowledge? He has reached a stage. But as a court, we have to look at things in a different way. That's the only thing."

The matter will be taken up again once the hospital's report on Abubacker's treatment is placed before the Court.

The order came days after the same court directed framing of charges against 25 PFI members and the banned organisation under provisions of the Indian Penal Code and the Unlawful Activities (Prevention) Act (UAPA). While ordering charges, the Court had observed that there was a "grave suspicion" of a larger conspiracy to overthrow the elected government and establish an Islamic caliphate in India by the year 2047.

Background of the Case

The NIA registered the case on April 13, 2022, pursuant to directions issued by the Ministry of Home Affairs, invoking provisions of the Indian Penal Code and the Unlawful Activities (Prevention) Act, 1967.

The accused were arrested during the nationwide NIA crackdown against the PFI in September 2022, following intelligence inputs regarding the organisation's alleged unlawful activities. The Central Government subsequently declared the PFI an unlawful organisation.