Centre assures SC on providing physiotherapy facility to PFI founding member in Tihar jail

New Delhi, June 27 The Supreme Court on Friday recorded the Centre’s undertaking that physiotherapy facility available in Tihar jail will be provided to PFI founding member A.S. Ismail as per medical advice.

In its order, a bench of Justices K.V. Viswanathan and N.K. Singh noted that the physiotherapy, as sought by the petitioner, is available in Tihar Jail No. 1.

Further, the Justice Viswanathan-led Bench recorded the assurance given by Additional Solicitor Generals (ASGs) Archana Pathak Dave and S.D. Sanjay that in case the need arises, the facility available in the physiotherapy department at Tihar Jail No. 3 will also be made available to the petitioner.

After Ismail’s counsel stated that he may require intensive physiotherapy spanning over an hour every day, ASG Dave assured the top court that "whatever physiotherapy is required for the petitioner, as per medical advice, that will be made available".

In view of the Centre’s assurance, the Justice Viswanathan-led Bench disposed of Ismail’s special leave petition (SLP) filed through advocate Yash S Vijay.

On Wednesday, the apex court had declined to release Ismail on bail on medical grounds, but had issued a limited notice to examine whether the physiotherapy facility, available in Tihar Jail-3, could also be made available to the petitioner who is currently lodged in Tihar Jail 1.

It had directed that a copy of Ismail’s SLP be served on ASG Dave for obtaining instructions, and listed the matter for further consideration on June 27.

Earlier, the Delhi High Court had dismissed Ismail’s appeal challenging the rejection of his plea for interim bail on medical grounds by the Patiala House Courts. Referring to the report prepared by a panel of AIIMS doctors, the Delhi High Court said that the appellant was being given proper treatment in jail and his health condition was showing improvement.

In its order passed on May 13, a Bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar directed jail authorities to continue with the appellant’s medical treatment as prescribed by the doctors, including regular physiotherapy and continuous monitoring of the blood pressure.

The Delhi High Court ordered the jail authorities to take Ismail to the AIIMS once every month for medical evaluation.

The NIA lodged an FIR against office bearers, members and cadres of PFI under Sections 120B and 153 IPC and Sections 17, 18, 18B, 22B, 38, 29 of Unlawful Activities (Prevention) Act, 1967 (UAPA) for hatching a conspiracy to commit terrorist acts in various parts of India, including Kerala, Tamil Nadu, Karnataka, Uttar Pradesh, and Delhi. The PFI has been banned by the Central government due to its alleged links with terrorist activities.

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