Delhi HC quashes ex-PFI chief's plea on house arrest; allows son to accompany him for treatment

The Delhi High Court on Monday quashed the outlawed Popular Front of India (PFI) Chairman E. Abubacker's plea seeking house arrest due to his health condition.

A division bench of Justices Siddharth Mridul and Rajnish Bhatnagar said: "When you are asking for medical bail, why should we send you to your house? We will send you to the hospital."

The court perused a medical status report stating that an appointment of Abubacker has been scheduled for December 22 with Onco-Surgery department of AIIMS.

"The medical superintendent shall file the advice and treatment prescribed by the Onco Surgery department of AIIMS on the next date of hearing," the court said while listing the matter for hearing on January 6.

The court also permitted Abubacker's son to remain present at the time when he will be provided consultation and treatment.

On December 14, the National Investigation Agency (NIA) submitted Abubacker's health status report authored by AIIMS.

Earlier, on November 30, the court had refused Abubacker's house arrest plea and asked the NIA to file a status report incorporating Medical Officer's opinion authored by AIIMS on ailments and treatment advised.

The report was submitted by Special Public Prosecutor (SPP) Akshai Malik appearing for NIA.

Abubacker was arrested by the NIA on September 22 and charged under provisions of the Unlawful Activities Prevention Act (UAPA). He has been in judicial custody since October 6. He was active in organisations like the Ideal Students League, Jamaat-e-Islami, and Students Islamic Movement of India (SIMI).

However, the court had refused to entertain Abubacker's counsel's prayer for his bail. After Advocate Adit Pujari, representing him, argued that he could be shifted to house arrest, the court outrightly rejected the suggestion.

On Abubacker's date fixed for his brain MRI, which is in 2024, the bench said that he can't wait for a scan till 2024. It is completely unacceptable. "He is incarcerated for an offence, that is a different matter but doesn't mean we will wait till 2024. It is an examination," they said.

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.

Pujari earlier submitted that his bail plea has been rejected by the Special NIA Judge who has said that he may be treated in AIIMS as per requirement.

"He is in his 70s. For a test that was due in October, the Ld Judge says that the fact that the test is now scheduled for January 2023 shows that everything is taking place as per time. There is some urgency, this gentleman is in great pain," Pujari had argued.