Delhi High Court Directs Tihar Medical Superintendent To File Status Report On Medical Condition Of Jailed Former PFI Chairman

The Delhi High Court on Monday directed the medical superintendent of Tihar jail to file a status report about the current medical condition of E Abubacker, former chairman of Popular Front of India (PFI), and the treatment provided to him by AIIMS.

A division bench of Justice Siddharth Mridul and Justice Anish Dayal added that the status report must include complete medical record of the treatment given to Abubacker by the medical institution.

The court was hearing a fresh appeal moved by Abubacker seeking implementation of an order passed by the special judge directing his admission in AIIMS.

“This is a fresh appeal. There are two applications. One, seeking condonation of delay in filing appeal and second, seeking implementation of the directions of the special judge. The interim relief is that the special judge directed his admission in AIIMS. It is not done yet. We are seeking implementation of that,” Advocate Adit S. Pujari representing Abubacker said.

The court issue notice on the appeal and sought reply of the central probe agency within three weeks.

The bench also condoned the delay of over 40 days in filing the appeal after NIA’s counsel fairly submitted that there was no objection to the same keeping in view the fact that Abubacker is presently in judicial custody.

As Pujari insisted the court to direct the medical superintendent to also furnish complete medical record of Abubacker, Justice Mridul said:

“This is a phishing expedition. We can only direct that he be taken to the hospital. Can we say you be admitted for no reason?”

The matter will now be heard on September 20.

In April, Abubacker was permitted to withdraw his appeal challenging the order of the trial court rejecting his application seeking bail on medical grounds. He was then granted liberty to approach the trial court seeking appropriate relief in view of the fact that the chargesheet was filed by NIA.

Earlier, the court had directed the Medical Superintendent of Tihar Jail to ensure that efficacious medical treatment is provided to Abubacker on a regular basis. However, it had refused to entertain Abubacker's prayer seeking his transfer to house arrest from Tihar Jail on account of his health condition.

Abubacker is suffering from multiple ailments including a rare type of oesophagus cancer, parkinson's disease, along with hypertension, diabetes and loss of vision, his appeal before the court states.

Abubacker, presently in judicial custody, was arrested by NIA in an FIR which alleges that various PFI members were conspiring and collecting funds from India and abroad for committing terrorist acts in multiple states.

The FIR also alleges that the PFI members are involved in radicalizing and recruiting Muslim youth for proscribed organisations like ISIS.

The FIR was registered under section 120B and 153A of the Indian Penal Code, 1860 and section 17, 18, 18B, 20, 22B 38 and 39 of the Unlawful Activities (Prevention) Act, 1967.

Title: ABOOBACKER E. v. National Investigation Agency