New Delhi:A two-judge bench of the Supreme Court, after examining the medical report, on Friday declined to grant bail to former chairman of the outlawed Popular Front of India (PFI) E Abubacker in a case registered against him under anti-terror law UAPA.
The matter came up before a bench comprising justices MM Sundresh and Rajesh Bindal. After examining the medical report, the bench said it is not willing to release Abubacker at this stage.
During the hearing, Abubakar’s counsel contended that the medical report is in his client’s favour. He cited a few judgments where similar allegations of terrorism were present and bail was granted on medical grounds.
Abubacker was arrested by the National Investigation Agency (NIA) during a massive crackdown on the organisation in 2022. He moved the high court after the trial court rejected his bail application.
Additional solicitor general S.V. Raju, representing the National Investigation Agency, vehemently opposed any relief for the petitioner. Abubacker’s counsel urged the bench to consider the possibility of house arrest for his client. The Centre’s counsel opposed this contention. After hearing submissions, the bench, while refusing to grant the relief to the petitioner, granted liberty to the petitioner to move the trial court.
On November 12, 2024, the apex court had directed the AIIMS to conduct medical examination of Abubacker, to assess whether he deserves bail on medical grounds, saying “if he is requiring urgent medical intervention, if we don’t take note of it then we will also be responsible”, and added, “if he requires urgent medical attention, we cannot deny that”.
Solicitor General Tushar Mehta, representing the NIA, had opposed the bail on medical grounds. He had submitted that though the petitioner was taken to AIIMS on several occasions, the doctors never felt that there was a need for hospitalisation.
The apex court was hearing a plea filed by the petitioner against an order passed by the Delhi High Court in May 2024 refusing to grant him bail. The petitioner is booked 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.
