New Delhi: The Delhi High Court has taken an active interest in the current health condition of Erappungal Abubacker, former chairman of the Popular Front of India (PFI), directing Tihar Jail's medical superintendent to provide a status report.
Abubacker's plea seeking implementation of an earlier order for his admission to All India Institute of Medical Science (AIIMS) was being heard by a division bench of Justices Siddharth Mridul and Anish Dayal.
The court emphasized the importance of including the complete medical record of the treatment provided to Abubacker by AIIMS in the status report. The AIIMS reports will shed light on Abubacker's condition and the treatment he received, forming a crucial element of the court's decision-making process.
Abubacker's counsel, Adit S. Pujari, stated, "The interim relief is that the special judge directed his admission to AIIMS. It has not been done yet. We are seeking implementation of that." The National Investigation Agency (NIA) did not object to the request, considering Abubacker's current judicial custody.
The National Investigation Agency (NIA)’s counsel submitted that there was no objection to the same since the accused is in judicial custody.
After noting the above submission, the bench while condoning the delay of over 40 days in filing the appeal, also issued notice on the appeal and sought a reply from the agency within three weeks’ time.
The court has now listed the case for hearing next on September 20.
On April 6, the court had allowed Abubacker to withdraw his plea seeking bail on grounds of ill health.
A division bench of Justices Siddharth Mridul and Purushaindra Kumar Kaurav had also permitted him to approach the trial court for relief.
Advocate Pujari had sought leave to withdraw the plea from the high court with the liberty to approach the trial court in view of the fact that the NIA has already filed the charge sheet in the matter.
“Leave and liberty granted and we have not expressed any opinion on the matter,” the court had said.
The counsel of NIA had said that Abubacker cannot be released only on medical grounds and that the merit has to be argued.
Abubacker is lodged in the national capital’s Tihar jail under an Unlawful Activities (Prevention) Act case.
On March 13, the high court had directed the medical superintendent of the AIIMS to file Abubacker’s MRI reports conducted on January 29.
On February 2, the court had granted time to the NIA to file a response to an application moved by Abubacker challenging the order of a special judge rejecting his bail application on medical grounds.
Abubacker was arrested by the NIA on September 22, 2022, and charged under the provisions of the UAPA.
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.
With IANS inputs