Hearing on E’s petition Abubakar Refusing to release him on medical grounds against a trial court order, the Delhi High Court on December 19 said that the jailed former Popular Front of India (PFI) president will be provided. medical treatment But was not kept under house arrest.
“When you are seeking medical bail, why should we send you home? We will send you to the hospital,” remarked a bench headed by Justices Siddharth Mridul and Talwant Singh.
Last month, Mr Abubakar’s lawyer said the 70-year-old had cancer and Parkinson’s disease and was in “great pain” that required immediate medical supervision.
Mr Abubakar was arrested by the agency during a crackdown on the banned organization earlier this year and is currently in judicial custody.
On 19 December, the Bench remarked that there was no provision in law for “house arrest” and directed that Mr Abubakar be “safely escorted” to AIIMS in custody for an oncosurgery review on 22 December and his son should also be allowed to be present. at the time of consultation.
“We are not giving you house arrest. There is no provision for house arrest in the law. The Hon’ble Supreme Court has powers which this Court does not have,” the court said.
“We do not see anything appropriate in this as no surgery has been recommended. First of all we cannot put you under house arrest. If your medical condition requires hospitalization, we will Can give instructions. We can allow one attendant. We are not allowing anything else.
“He is entitled to medical treatment and we will provide,” the court said.
The court listed the matter for consideration in January next year and directed the jail medical superintendent to file a report on consultation with the oncosurgery department of AIIMS.
Advocate Adit Pujari, appearing for Mr Abubakar, argued that he needed constant monitoring and treatment and even if he was put under house arrest, there would be no “qualitative difference” to the probe agency.
Special public prosecutor Akshay Malik, appearing for the NIA, said the accused was being provided “best possible treatment” and was scheduled to meet an oncologist on December 22.
Last week, he said Mr Abubakar was “absolutely fine” and receiving treatment.
Last month, the court had insisted that the accused be provided requisite medical treatment, while rejecting the plea that he should be sent to house arrest.
“We are not inclined to do so. AIIMS is a premier hospital in the country. If you are using this as an excuse for house arrest, we are not allowing it. We are only concerned with his medical condition, the court had said.
The court also said that it is “going to hear the appeal for medical treatment” and the accused may approach the trial court for regular bail.
The NIA had said that the agency was not opposing the treatment of the accused and the investigation in the matter was on.
a large number of Alleged PFI workers detained Or arrested in several states during large-scale raids ahead of the nationwide ban imposed on 28 September. In almost simultaneous raids across the country as part of a multi-agency operation conducted by the NIA, a large number of PFI activists were detained or arrested. 11 states for allegedly supporting terrorist activities in the country.
The arrests were made in states and union territories including Kerala, Maharashtra, Karnataka, Tamil Nadu, Assam, Uttar Pradesh, Andhra Pradesh, Madhya Pradesh, Puducherry, Delhi and Rajasthan.
Government banned PFI and several of its affiliates on September 28 under the stringent anti-terror law UAPA accusing them of having “links” with global terror groups like ISIS.