'Why Should We Send You To Your House? We Will Send You To Hospital': Delhi High Court On Former PFI Chairman's Plea For House Arrest

The Delhi High Court on Monday refused to entertain Former PFI Chairman E Abubacker's prayer seeking his transfer to house arrest from Tihar Jail on account of his health condition.

Abubacker, who was recently arrested by the National Investigation Agency, is suffering from multiple ailments including a rare type of oesophagus cancer, parkinson's disease, along with hypertension, diabetes and loss of vision, his petition before the court states.

A division bench of Justice Siddharth Mridul and Justice Talwant Singh perused the medical status report filed by the central agency stating that Abubacker's appointment has been scheduled for December 22 at AIIMS.

"Accordingly, the hearing of the appeal is adjourned. The medical superintendent shall file the advice and treatment prescribed by the Onco Surgery department of AIIMS on the next date of hearing," the court said while listing the matter for hearing on January 6.

The court also permitted Abubacker's son to remain present at the time when he will be provided the consultation and treatment.

As Advocate Adit Pujari, representing Abubacker, submitted before the court that there is a need for house arrest, Justice Mridul said:

"We're not allowing you house arrest. There is no provision in law…"

As Pujari relied on the judgment of Supreme Court in Gautam Navlakha case, the court said that the apex court passed the order in exercise of the powers which the High Court does not have.

"We don't see anything appropriate in this because there is no surgery that has has been recommended," the court said.

Justice Mridul also added: "We can't grant you house arrest. If your medical condition requires hospitalization, then we will direct. We may consider permitting an attendant….. But the question is that you don't require hospitalization."

Pujari said that a cancer patient does not require hospitalization.

The counsel appearing for NIA submitted that the order in Gautam Navlakha case was passed after the chargesheet was filed, and because the trial was not moving forward. "Today the investigation in this case is at a crucial stage. The order that they have challenged passed by the special judge is a consent order. It says that they consented that they are okay with the treatment at AIIMS," NIA's counsel submitted.

He added: "He is being taken to AIIMS and given best possible treatment. If they want to go to X hospital in Kerala….nothing better than providing treatment ay AIIMS."

At this stage, Pujari said that Abubacker needs his family around him, Justice Mridul orally remarked:

"You're not without a remedy. You've exercised your remedy but we are not agreeing with you. When you're asking for medical bail, why should we send you to your house? We will send you to hospital."

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