Ensure 'Efficacious' Medical Treatment Of Former PFI Chairman On Regular Basis: Delhi High Court Directs Tihar Jail Medical Superintendent

The Delhi High Court on Thursday directed the Medical Superintendent of Tihar Jail to ensure that efficacious medical treatment is provided to former Popular Front of India (PFI) Chairman E Abubacker on a regular basis.

A division bench of Justice Siddharth Mridul and Justice Talwant Singh was hearing Abubacker’s appeal challenging the order of the special judge rejecting his application seeking bail on medical grounds.

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.

The court issued notice on an application moved on behalf of Abubacker seeking to place an affidavit on record and sought response of National Investigation Agency (NIA) on the factual assertions made in it.

“In the meantime, the medical superintendent Tihar Jail is directed to ensure that the appellant is provided efficacious treatment for all his illnesses on a regular basis,” the bench directed while listing the matter on March 13.

Advocate Adit S. Pujari appearing on behalf of Abubacker apprised the court that the affidavit has been filed indicating the recent position and medical condition inside jail, based on a “virtual mulaakat.” He also said that the affidavit has been verified by Abubacker’s son.

“When he wakes up, he has a sevaadaar. He cannot wake without a sevaadaar, who he cannot even communicate with. His language is Malyaalam or English. This gentleman is someone with no prior antecedents. This is the first and only case against him. He has been a school teacher. He is someone who is 71 and seeing confines of prison for the first time,” Pujari submitted.

However, the counsel appearing for NIA disputed the position and referred to a video to contend that Abubacker is clearly seen addressing “thousands of people” in Hindi.

The court accordingly granted time to NIA for filing appropriate response to Abubacker’s application.

Previously, the bench had 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