New Delhi, Nov12 The Supreme Court on Tuesday directed a panel of doctors in AIIMS Delhi to examine the medical condition of the banned Popular Front of India's (PFI) former Chairman Erappungal Abubacker.
A bench of Justices M.M. Sundresh and Aravind Kumar, hearing a plea filed by Abubacker seeking bail on humanitarian and medical grounds, ordered that he be taken to AIIMS Delhi, where a panel of doctors will conduct his detailed examination in-patient.
Posting the matter for further hearing after two weeks, the apex court remarked that it will consider the question of grant of bail on medical grounds on the basis of the report received from the Director, AIIMS.
Solicitor General Tushar Mehta, appearing for the National Investigation Agency, said that Abubacker was not an ordinary criminal and there was evidence to indicate that Abubacker was tutoring several individuals for terrorist activities. SG Mehta added that he denied giving his consent for treatment when taken to hospital in the past.
In May this year, the Delhi High Court did not find any "compelling reason" to release him on the basis of his medical condition.
"As per the report received from Medical Officer Incharge, Central Jail Dispensary, he was, though, referred to AIIMS Hospital for admission, he did not choose to go there," said a division bench of Justice Suresh Kumar Kait and Manoj Jain. It added that allegations and averments appearing in the charge sheet coupled with the statements made by the witnesses, including the protected witnesses, leave no element of uncertainty about the fact that the case of the prosecution, under UAPA, is prima facie true.
Dismissing Abubacker’s plea, the Delhi HC said: "There is nothing before us which may suggest infringement of his fundamental rights. As regards, his medical complications, learned trial court has already given the requisite directions, which we also feel to be very appropriate."
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 the Students Islamic Movement of India (SIMI). According to Abubacker, he is suffering from multiple ailments, including a rare type of oesophagus cancer, Parkinson's Disease, hypertension, diabetes, and loss of vision.
The PFI, described as an extremist Islamic organisation spreading its ideologies, was banned by the Union government in September 2022 under the Unlawful Activities (Prevention) Act.
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