'He Is Seriously Unwell, Can't Wait Till 2024 For A Scan': Delhi High Court Seeks Report From AIIMS On Former PFI Chairman Abubacker's Health

The Delhi High Court on Wednesday asked the National Investigation Agency to submit a report on the medical condition of Former PFI Chairman E Abubacker, who was arrested by the central agency in September.

"The point is he is seriously unwell. Where is his medical report? Eventually we will have to consider whether AIIMS should be directed to constitute a medical board and let this court know which is the best way forward for him in terms of treatment. If he requires hospitalisation at the AIIMS, we will direct it. The idea is he should receive treatment," said the division bench of Justice Siddharth Mridul and Justice Talwant Singh.

Issuing notice to the NIA, the court asked it to file a status report incorporating the medical opinion of AIIMS specialists on Abubacker's ailments and the requisite treatment. The court listed the matter for hearing on December 14.

The septuagenarian has said 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.

The court said it would like to know the diagnosis of the doctors. "What is their diagnosis and what is the treatment recommended? Surely he can't wait for a scan till 2024. It is completely unacceptable. He is incarcerated for an offence, that is a different matter but doesn't mean we will wait till 2024. It is an examination," the bench said, after it was told about the date fixed for Abubacker's brain MRI.

Advocate Adit Pujari, representing Abubacker, earlier submitted that his bail plea has been rejected by the Special NIA Judge who has said he may be treated in AIIMS as per requirement.

"He is in 70s. A test which was due in October, the Ld Judge says that the fact that test is now scheduled in January 2023 shows that everything is taking place as per time. There is some urgency, this gentleman is in great pain," Pujari argued.

Pujari added that, "it is not like this gentleman has been arrested at a spot while planning to execute some terrorist activity. There is no reason justifying why in 13-4-2022 FIR, en masse arrest takes place. It is not like some imminent conspiracy was in place to do something. This gentleman is arrested on what the NIA would term as a conspiracy that they have been investigating for long time"

The court said it will not consider the prayer for release at this stage. When Pujari argued that he could be shifted to the house arrest, the court outrightly rejected the suggestion.

"He can't be treated at home, that is your case," the court observed.

When Pujari cited Gautam Navlakha case, the court said, "we don't know about Gautam Navlakha, you can show us everything then!"

The counsel representing the NIA also submitted, "... Everybody comes and relies on this Gautam Navlakha". Pujari said, "10th November order, how can everyone rely on it suddenly".

Refusing to entertain the prayer for bail at this stage, the court said, "We don't know what you are seeking to achieve. If you, for a moment, believe that without addressing us on merits, we will grant you regular bail, that we will not. This is not an application for regular bail".

Title: ABOOBACKER E. vs National Investigation Agency