Former PFI Chairman Withdraws Plea For Medical Bail From Delhi High Court, Liberty Granted To Approach Trial Court For Relief

The Delhi High Court on Thursday permitted former chairman of Popular Front of India (PFI) E Abubacker to withdraw his appeal challenging the order of the trial court rejecting his application seeking bail on medical grounds.

A division bench of Justice Siddharth Mridul and Justice Purushaindra Kumar Kaurav granted liberty to Abubacker to approach the trial court seeking appropriate relief in view of the fact that chargesheet has been filed by National Investigating Agency (NIA).

The bench also clarified that it has not expressed any opinion on merits of the case or the medical condition of the 70-year-old.

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 

Citation: 2023 LiveLaw (Del) 292