New Delhi: The Supreme Court on Tuesday instructed AIIMS to perform a medical examination of E. Abubacker, the former chairman of the banned organisation Popular Front of India (PFI) to determine if he is eligible for bail on medical grounds.
The court stated, “If he requires urgent medical intervention and we do not acknowledge it, we will also bear responsibility,” emphasising that “If he needs urgent medical attention, we cannot deny that.”
The case was presented before a bench consisting of Justices M.M. Sundresh and Aravind Kumar. Solicitor General Tushar Mehta, representing the National Investigation Agency (NIA), opposed the bail request on medical grounds. He argued that although the petitioner had been taken to AIIMS multiple times, the doctors did not find any reason to recommend hospitalisation.
The court ordered the petitioner to be taken to AIIMS within two days for admission as an in-patient for a medical examination.
Justice Sundresh stated, “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.”
“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…”, said Justice Sundresh.
Mehta said these are not ordinary criminals there is evidence of tutoring and several things under the terrorist act. Justice Sundresh stated, "Let the report come, and the court will examine it. We will rely on that." He also added, "If he requires urgent medical attention, we cannot deny it at this moment." Mehta said the former PFI chief wants to come out and do what he used to do, which the government would like to prevent.
The bench has scheduled the matter for further hearing after two weeks and directed that the medical report should be filled by the director after completion of the said examination within a period of 3 days thereafter. Senior advocate Kamini Jaiswal, representing the petitioner, requires her client to take a PET scan and he is seriously ill, as he is also suffering from other health issues.
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.
