The Delhi High Court on Wednesday rejected the petition seeking house arrest for former chief of banned outfit Popular Front of India Erappungal Abubacker, who was arrested under the stringent provisions of the Unlawful Activities (Prevention) Act and the National Investigation Agency (NIA) Act.
The Division Bench of Justice Siddharth Mridul and Justice Talwant Singh, however, said that it would consider Abubacker’s plea for interim bail on medical grounds and better treatment at the All India Institute of medical Sciences (AIIMS).
Issuing notice to NIA, the Bench directed the national agency to file a status report on the matter.
Stating that it would be totally unacceptable if Abubacker had to wait till 2024 for a scan at AIIMS, the High Court further asked both NIA and AIIMS to inform about Abubacker’s diagnosis and treatment requirement.
The PFI chief, who belongs to a village in Kozhikode district of Kerala, was active in organisations like the Ideal Students League, Jama’at-e-Islami and Students Islamic Movement of India (SIMI).
He was arrested by the NIA on September 22 and has remained in judicial custody since October 6.
The 70-year-old sought regular bail on medical grounds under Section 439 of Cr.P.C., arguing that he was a retired school teacher and suffering from various medical ailments, including a rare form of cancer called “Gastroesophageal junction adenocarcinoma”.
Appearing for the septuagenarian, Advocate Adit S Pujari contended that Abubacker was suffering from Parkisnon’s Disease, hypertension, diabetes, loss of vision and ailment related to nervous system, for which he has been undergoing treatment since 2019 at specialized cancer hospitals.
The plea further said that petitioner has been deprived of his Fundamental Right to Life, Personal Liberty and Right to Health guaranteed under Article 21 of the Constitution of India, as per procedure established by law.
The NIA was represented by Special Public Prosecutor Akshai Malik and Advocate Khawar Salim.