The Supreme Court of India.
Credit: PTI Photo
New Delhi: The Supreme Court on Tuesday directed AIIMS, Delhi to conduct an examination of E Abubacker, then chairman of the banned Popular Front of India (PFI) to ascertain his health conditions to enable it to consider if he is eligible for bail on medical grounds.
“If he needs urgent medical attention, we cannot deny that," a bench of Justices M M Sundresh and Aravind Kumar said.
The court did not agree to a contention by Solicitor-General Tushar Mehta on behalf of the National Investigation Agency (NIA), who opposed the plea for his bail on the ground that he had been taken to AIIMS Delhi on multiple occasions but doctors did not advise him to get admitted.
“If he requires urgent medical intervention and we do not acknowledge it, we will also bear responsibility,” the bench observed.
The court ordered the petitioner to be taken to AIIMS within two days for admission as an in-patient for a medical examination.
“If there is continued non-cooperation, we will have no choice but to dismiss the case. However, please understand that if urgent medical intervention is needed and we fail to acknowledge it, we will also be held responsible,” the bench said, as Mehta sought to highlight the conduct of the petitioner.
“Therefore, let us leave it to the doctors’….whatever (the doctors say) we will go with it. How much time is required for treatment….if the report says he is not cooperating then we will not entertain,” the bench said.
Mehta, on his part, contended that the person in question is not an ordinary criminal, and that there is evidence under the Terrorist Act against him.
"Let the medical report come, and the court will examine it. We will rely on that," the bench said.
Mehta said the former PFI chief wanted to come out and do what he used to do, which the government would like to prevent.
The bench fixed the matter for further hearing after two weeks.
The court directed that the medical report should be filed by the director after completion of said examination within a period of 3 days thereafter.
Senior advocate Kamini Jaiswal, appearing for the petitioner, submitted that he is required to take a PET scan and is seriously ill, as he is also suffering from other health issues.
The petitioner challenged the Delhi High Court's order passed on May 28, 2024 refusing to grant him bail.
The HC had said if an ideology appears to be motivated by ill intentions and is filled with conspiracy pertaining to terrorist activities, then following such an ideology would result in punitive measures.
The petitioner was arrested on September 22, 2022 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.