SC directs AIIMS to examine PFI Ex-Chief Abubacker for bail on medical grounds
New Delhi: The Supreme Court on Tuesday directed the All India Institute of Medical Sciences (AIIMS) to form a medical team to conduct a thorough examination of E Abubacker, the former Chief of the Popular Front of India (PFI), to assess whether he can be granted bail on medical grounds.
According to a UNI report, a bench comprising Justice MM Sundresh and Justice Aravind Kumar directed that Abubacker be taken to AIIMS within two days and be admitted as an in-patient for the medical examination.
Solicitor General Tushar Mehta told the court that he is being treated at AIIMS as per the trial court order.
Justice Sundresh asked, “Is he being treated there?
SG Mehta replied, “He has been taken there 40 times.
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Counsel for Backer said, “ If a man is being taken to hospital 40 times, then can he not get medical bail?” He has cancer, and 80 percent of his digestive tract has been removed. He has severe Parkinson's disease.
He will be taken to hospital for 8 hours without any helper or food. If he doesn't co-operate then, they have a problem. This is his medical condition, Counsel for Backer said.
Counsel for Backer said, “All the diseases suffered by my client are chronic.
Justice Sundresh asked, “ According to you he requires medical attention which cannot be done in jail or if he is placed in custody, but SG has submitted that all adequate treatment is given.”
Justice Sundresh then said, “What we suggest is that your client will be treated in AIIMS for two to three days and then the AIIMS director will file a report on whether he is required to stay there for more time.
Do you have any objections? Justice Sundresh asked."We cannot pass any unilateral direction. It is upon the doctor,” he said.
Justice Sundresh then directed, “ The petitioner shall be taken to AIIMS within 2 days from today and the detailed examination will have to be conducted as an in-patient after due admission within a further period of 4 days thereafter.
The court directed that the report should be filed by the director, AIIMS within 3 days after the completion of the said examination."
The Top Court directed that he should be accompanied by police escort.
The Apex Court also accepted the request made by the petitioner that his son be allowed to assist him during the examination period.
The Court adjourned the hearing by two weeks for the report of the AIIMS team to be submitted and clarified that it would consider the bail only on medical grounds and no other merits in the matter would be considered.
The matter pertains to a Special Leave Petition (SLP) filed by Abubacker in the Apex Court challenging the Delhi High Court order passed in May 2024 which denied him bail.
He is booked for offences under Section 120-B (Criminal Conspiracy ) & 153-A IPC and under Sections of the Unlawful Activities (Prevention) Act, 1967 (UAPA).
He was arrested on September 22, 2022, a few days before the notification issued by the Ministry of Home Affairs declaring the PFI a terrorist organization and banning it as per the UAPA.
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