Supreme Court Directs Examination Of Ex-Chief Of Popular Front At AIIMS To Consider Medical Grounds For Bail

The Supreme Court on Tuesday (November 12) directed the All India Institute of Medical Sciences (AIIMS) to constitute a medical team for a thorough examination of E Abubacker, the former Chairman of the banned outfit Popular Front of India (PFI), to ascertain if he deserved bail on medical grounds. 

A bench comprising Justices MM Sundresh and Aravind Kumar directed that Abubacker be taken to AIIMS within a period of two days and be admitted as an in-patient for the examination.  The Court stated that he should be accompanied by police escorts. It also accepted the request made by the petitioner that his son be allowed to assist him during the examination period. The Court adjourned the hearing by two weeks for the report of the AIIMS team.

During the hearing, the bench clarified that it would consider only the medical grounds for bail and not other merits of the matter.

Senior Advocate Kamini Jaiswal, for the petitioner, submitted that was suffering from cancer which was partly treated but he was required to take a PET scan. She added that the petitioner was suffering from Parkinson's' disease, dementia, diabetes, hypertension and a part of his digestive tract had been removed.

Solicitor General of India Tushar Mehta, for the NIA, opposed the plea, saying that though the petitioner was taken to AIIMS on several occasions, the doctors never felt that there was a need for hospitalisation. The SG also stated that the petitioner was not cooperating with the treatment and had refused to give consent. "He says take me, then he doesn't give consent because he knows that nothing will happen," SG said.

However, the bench said that it would prefer to have a report from the medical team after a detailed examination. "See if there is continued non-cooperation then we have the option to dismiss it. But if he is requiring medical intervention and if we don't take note of it then we'll also be responsible. We will simply go by the view of the medical team," Justice Sundresh said.

Mehta said that he has no objection to the Court ordering a medical examination but added that the petitioner was "not an ordinary criminal" and that "he wanted to come out somehow so that he could continue what he was doing." There is evidence of the petitioner tutoring many persons for terrorist activities, he said.

In the order, the bench observed :

"The petitioner shall be taken to AIIMS within a period of 2 days from today and the detailed examination will have to be conducted as an in-patient after due admission within a further period of 4 days thereafter. The report needs to be filled by the director after completion of the said examination within a period of 3 days thereafter."

"We hope the petitioner shall extend all cooperation," the bench observed.

After the order was dictated, Jaiswal requested the bench to all her to file a rejoinder to the counter-affidavit filed by the NIA. The bench said that she could file the rejoinder but clarified that it would not consider the merits of the matter, except the medical grounds.

The petitioner has filed the Special Leave Petition challenging the order passed by the Delhi High Court in May 2024 denying him bail. He is booked for offences under Section 120-B & 153-A IPC and under Sections 17, 18, 18B, 20, 22, 38 & 39 of the Unlawful Activities (Prevention) Act, 1967 (in short UAPA).

He was arrested on 22.09.2022 shortly ahead of the notification issued by the Ministry of Home Affairs declaring PFI a terrorist organisation as per the UAPA.  

Case details: ABUBACKER E. v. NATIONAL INVESTIGATION AGENCY, Diary No. 32949-2024

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