New Delhi, Aug 7 The Delhi High Court on Monday directed Tihar jail's medical superintendent to file a status report of former chairman of Popular Front of India (PFI) Erappungal Abubacker's current health condition.A division bench of Justices Siddharth Mridul and Anish Dayal also said that the complete medical record of the treatment given to Abubacker by All India Institute of Medical Science (AIIMS) must be there in the status report.
The bench was hearing Abubacker's appeal seeking implementation of an order passed by the special judge for him to be admitted in AIIMS, which has not been done yet.
This is a fresh appeal moved by Abubacker, and the other one seeks condonation of delay in filing appeal.
“The interim relief is that the special judge directed his admission in AIIMS. It is not done yet. We are seeking implementation of that,” Abubacker's counsel Adit S. Pujari said.
The National Investigation Agency (NIA)’s counsel submitted that there was no objection to the same since the accused is in judicial custody.
After noting the above submission, the bench while condoning the delay of over 40 days in filing the appeal, also issued notice on the appeal and sought reply of the agency within three weeks' time.
The court has now listed the case for hearing next on September 20.
On April 6, the court had allowed Abubacker to withdraw his plea seeking bail on grounds of ill health.
A division bench of Justices Siddharth Mridul and Purushaindra Kumar Kaurav had also permitted him to approach the trial court for the relief.
Advocate Pujari had sought leave to withdraw the plea from high court with liberty to approach the trial court in view of the fact that the NIA has already filed the charge sheet in the matter.
“Leave and liberty granted and we have not expressed any opinion on the matter,” the court had said.
The counsel NIA had said that Abubacker cannot be released only on medical grounds and that the merit has to be argued.
Abubacker is lodged in the national capital's Tihar jail under a Unlawful Activities (Prevention) Act case.
On March 13, the high court had directed the medical superintendent of the AIIMS to file Abubacker's MRI reports conducted on January 29.
On February 2, the court had granted time to the NIA to file a response to an application moved by Abubacker challenging the order of a special judge rejecting his bail application on medical grounds.
Abubacker was arrested by the NIA on September 22, 2022, and charged under the provisions of the UAPA.
He has been in judicial custody since October 6, 2022. He was active in organisations like the Ideal Students League, Jamaat-e-Islami, and Students Islamic Movement of India (SIMI).
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