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by IANS |
New Delhi, Jan 17 (IANS) The Supreme Court on Friday turned down a plea filed by Erappungal Abubacker, the former Chairman of the banned Popular Front of India (PFI), seeking bail on humanitarian and medical grounds.
After a perusal of the medical reports, a bench headed by Justice M. M. Sundresh opined that it was not inclined to release Abubacker on medical bail at this stage, clarifying that he may apply for bail before the trial court, in case, his health condition deteriorates further.
It also declined to entertain Abubacker's alternative plea to place him under house arrest.
In an earlier hearing, the Justice Sundresh-led Bench had remarked that there was "nothing so serious in the medical reports" of the former PFI chief.
The Supreme Court had directed a panel of doctors in AIIMS, Delhi to examine Abubacker. It had ordered that the former PFI chief be taken to AIIMS Delhi, where a panel of doctors would conduct his detailed examination as an in-patient and it would consider the question of grant of bail based on the medical report.
Abubacker was arrested by the National Investigation Agency (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).
Before the top court, Solicitor General (SG) Tushar Mehta, appearing for the NIA, had said that Abubacker was not an ordinary criminal and there was evidence to indicate that he was tutoring several individuals for terrorist activities.
SG Mehta added that he refused to give consent for treatment when he was taken to hospital in the past. In May last year, the Delhi High Court did not find any "compelling reason" to release him based on his medical condition.
"As per the report received from the Medical Officer in charge, Central Jail Dispensary, he was, though, referred to AIIMS Hospital for admission, but he did not choose to go there," said a Division Bench of Justices Suresh Kumar Kait and Manoj Jain of the Delhi HC.
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 the Unlawful Activities (Prevention) Act (UAPA), is prima facie true.
In May 2024, 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."
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 UAPA.
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