New Delhi, April 6 The Delhi High Court on Thursday permitted former Popular Front of India (PFI) Chairman Erappungal Abubacker to withdraw his plea seeking bail on grounds of ill-health.
A division bench of Justices Siddharth Mridul and Purushaindra Kumar Kaurav allowed Abubuacker to approach the trial court for the relief.
Abubacker's counsel Adit Pujari, 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 said.
Counsel for National Investigation Agency (NIA) said that Abubacker cannot be released only on medical grounds and that the merit has to be argued.
Abubacker is lodged in national capital's Tihar jail under a Unlawful Activities (Prevention) Act case.
On March 13, the High Court had directed medical superintendent of the All India Institute of Medical Science (AIIMS) to file Abubacker's MRI reports conducted on January 29, on or before the next date of hearing.
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.
During the last hearing, the counsel for NIA had submitted that a medical report has been submitted by the Tihar Jail.
To this, the court had responded that it is not on record. "You'll have to place it on record. We'll assume that the report says you're alright! This house arrest we are not permitting," the court had said.
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).
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.
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