Delhi High Court Refuses To Entertain Former PFI Chairman E Abubacker's Plea Seeking Bail On Medical Grounds

The Delhi High Court Thursday 'dismissed as withdrawn' the plea moved by E Abubacker, the former chairperson of Popular Front of India (PFI), for bail on medical grounds. He was recently arrested by the National Investigation Agency (NIA) and has been in custody since September 22.

The 70 year old had claimed that he is suffering from multiple ailments including a rare type of oesophagus cancer, parkinson's disease, along with hypertension, diabetes and loss of vision

Justice Anoop Kumar Mendiratta dismissed the petition as withdrawn, after a preliminary objection on its maintainability was raised by the NIA.

Special Public Prosecutor Akshay Malik appearing for NIA argued that the remedy is to first approach the trial court and thereafter file an appeal under section 21 of the NIA Act against the said order. The appeal can then be heard by a division bench of the High Court, the court was told.

"He has to approach the special judge first. He has not even approached the special judge seeking bail," the SPP submitted.

As the counsel appearing for Abubacker prayed the court to pass urgent orders owing to the medical condition, Justice Mendiratta orally remarked:

"How can I pass orders if I don't have the jurisdiction? The NIA Act is a special Act. We don't have powers. You need to approach the division bench."

The counsel representing accused then chose to withdraw the plea.

Abubacker, presently in judicial custody, was arrested by NIA on September 22 from his residence 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 alleged that the said members are involved in radicalizing and recruiting muslim youth to join 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.

In his plea, Abubacker stated that his medical condition has far reaching complications rendering him unable to function or perform basic functions, such as thinking, writing and reading.

The plea also relied on the decision of the Supreme Court in Dr. P.V. Varavara Rao v. National Investigation Agency & Anr. wherein Rao was enlarged on bail for offences owing to medical conditions in a UAPA case.

In this backdrop, the plea stated, "That the present case squarely falls under the decision as held by the Hon‟ble Supreme Court making it a fit case for permanent bail on medical grounds, as the Petitioner‟s health condition is severe and critical thereby necessitating the urgent interference of this Hon‟ble Court."

The plea further stated that during Abubacker's police custody, requests were made from the trial court for enabling his family members to meet him. However, it was argued that the Special Judge rejected the same, which is prejudicial towards his right to life guaranteed under Article 21 of the Constitution of India.

Furthermore, the plea argued that Abubacker has no role or involvement in the alleged offences as he has been under extensive medical treatments since 2019. It was also submitted that under no stretch of imagination can serious allegations be levelled against him, in the absence of any definitive material or specific allegation.

"Because the present crime involves numerous FIR's and complaints across India, wherein over 200 arrests have been made till date. Hence, there exists no definitive period as to the completion of investigation and Special, thus, under critical medical conditions, the Petitioner cannot be compelled to languish in custody, which would ultimately prove to be fatal for his life and wellbeing," the plea added.

It was on September 28 that the Ministry of Home Affairs declared the PFI and its associates or affiliates or fronts as "unlawful associations" with immediate effect for a period of 5 years in exercise of the powers under Sec 3(1) of UAPA.

Citing their alleged links with terrorist organizations and alleged involvement in terror acts, the Centre proscribed PFI and its affiliates Rehab India Foundation (RIF), Campus Front of India (CFI), All India Imams Council (AIIC), National Confederation of Human Rights Organization (NCHRO), National Women's Front, Junior Front, Empower India Foundation and Rehab Foundation, Kerala.

Title: ABUBACKER E. THROUGH HIS SON AMAL THAHSEEN v. NATIONAL INVESTIGATION AGENCY