E Abubacker (file photo)
New Delhi: The Delhi High Court said that it does not have the jurisdiction to deal with a case filed under the UAPA before the procedural hearing by a trial court while rejecting a bail plea filed by former PFI chief and founding president of SDPI, Erappungal Abubacker.
Dismissing the plea, Justice Anoop Kumar Mendiratta urged the advocate who appeared for the petitioner to approach the trial court, saying that a case under the Unlawful Activities Prevention Act (UAPA) should be heard before the trial court and then it can be appealed before a Division Bench of the High Court.
The Special Public Prosecutor Akshai Malik who appeared for the National Investigation Agency (NIA) opposed the bail plea pointing out the non-maintainability of the petition, besides calling the petition an attempt to derail the investigation.
To pursue the court to get an interim order passed in favour of the petitioner, Abubacker's argued that the petitioner is a patient with chronic diseases who is under treatment for various ailments, including Gastro-esophageal junction adenocarcinoma, rare a form of cancer, from Parkinson's Disease, along with hypertension, diabetes, loss of vision, nervous system disorders
Justice Mendiratta refused the request, remarking that he does not have the jurisdiction to deal with the matter, and therefore, no interim orders can be passed.
"It is a special Act. We don't have the power means we don't have the power...I can't pass interim orders if I don't have jurisdiction. The matter is over. It will be appropriate for you to approach the trial court," the judge said.
He was arrested by the NIA on September 22 and charged under provisions of the UAPA. He has been in judicial custody since October 6.