Delhi High Court To Hear Former PFI Chairman E Abubacker's Bail Plea On Medical Grounds On Jan 12

The Delhi High Court will hear on January 12 a plea moved by E Abubacker, former chairperson of Popular Front of India (PFI), seeking regular bail on medical grounds. He was arrested by the National Investigation Agency (NIA) and has been in custody since September 22 last year.

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.

A division bench of Justice Siddharth Mridul and Justice Talwant Singh heard the counsel appearing for Abubacker who submitted that the medical condition of the accused is very bad as he is suffering from cancer and parkinsons disease, which is an admitted position.

“Whatever I submitted regarding cancer and parkinsons disease etc was admitted [by the trial court]. Everything was accepted. The petitioner has a serious medical condition. I won’t get anything from jail,” the counsel submitted.

To this, the bench opined that Abubacker’s counsel will have to satisfy the bar mentioned under section 43D (5) of Unlawful Activities (Prevention) Act, 1967, which has to be applied while seeking both bail on medical grounds and regular bail.

As Abubacker’s counsel said that the accused requires post medical treatment which cannot be given in jail, the court noted that the special judge has already allowed his plea seeking appointment of a sevadar.

The matter was adjourned to January 12 so as to enable Abubacker’s counsel to argue the appeal and address the queries of the bench.

The bench had previously refused to entertain Abubacker's prayer seeking his transfer to house arrest from Tihar Jail on account of his health condition.

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