The Delhi High Court on Thursday directed the Medical Superintendent of Tihar Jail to ensure “effective” treatment of former Popular Front of India (PFI) president E. Abubakar, who was jailed in a case registered under the draconian UAPA. his diet regularly.
While hearing an appeal filed by Abubakar seeking his release from prison on medical grounds, the court also issued a notice to the National Investigation Agency (NIA) on the appellant’s application, seeking to place on record certain documents Is.
The court asked the NIA to file its response on the factual claims made in the application and listed the matter for further hearing on March 13.
A bench of Justice Siddharth Mridul and Justice Talwant Singh said, “In the meantime, the Medical Superintendent of Tihar Jail is directed to ensure that the appellant is provided with effective treatment for all his ailments on a regular basis.”
Abubakar has filed an appeal challenging the lower court’s order that refused to release him on medical grounds.
Abubakar was arrested by the NIA last year during a crackdown on banned outfit PFI and is currently in judicial custody.
Advocate Adit Pujari, appearing for Abubakar in the court, said that on the basis of “virtual visit” an affidavit has been filed giving details of his recent condition in jail and his medical condition.
“He has a ‘sevadar’ (assistant) with whom he cannot even talk as his language is only Malayalam and English. This is the first and only case against him. He has been a school teacher. He is a 71 year old man. are and are watching.” The priest said, for the first time the boundary of a jail.
The NIA counsel, however, cited a video in which Abubakar is addressing thousands of people in Hindi.
The premier probe agency had earlier told the court that Abubakar was trying to derail the investigation process by filing petitions about his medical condition simultaneously before the trial court and the high court.
He had said that the inquiry against him is pending and he is getting the best possible treatment.
Abubakar’s counsel had earlier said that his client has a right to live with health and dignity and has not been able to clean himself after answering the call of nature due to several ailments.
The high court had noted that Abubakar was booked under provisions of the Unlawful Activities (Prevention) Act (UAPA), which did not pertain to minor offences.
It had held that when the complaint of the appellant was with regard to receiving medical treatment on account of his ill health, he was to be sent to a hospital instead of being sent home.
The appellant’s counsel had submitted that his client’s health condition was critical and “only treatment would not suffice”, but post-treatment care would also be required, and had urged the court to grant him interim bail for six months.
The court was earlier informed that Abubakar was suffering from cancer and Parkinson’s disease and was in “severe pain” which required immediate medical supervision.
The court refused to put Abubakar under house arrest and said he would be admitted to a hospital for treatment, if required.
It was observed that there was no provision in the law for “house arrest”, but directed that Abubakar be “safely escorted” into custody for an oncosurgery review at the All India Institute of Medical Sciences (AIIMS).
A large number of alleged PFI activists were detained or arrested in 11 states and union territories during massive raids ahead of the nationwide ban imposed on the organization on September 28, 2022.
In almost simultaneous raids across the country as part of a multi-agency operation led by the NIA, a large number of PFI activists were detained or arrested for allegedly supporting terrorist activities.
The arrests were made in Kerala, Maharashtra, Karnataka, Tamil Nadu, Assam, Uttar Pradesh, Andhra Pradesh, Madhya Pradesh, Puducherry, Delhi and Rajasthan.
The government on September 28, 2022, banned the PFI and several of its affiliates for five years under the stringent anti-terror law UAPA, accusing them of having “links” with global terror groups like ISIS.