Supreme Court orders probe of ex-Popular Front chief at AIIMS to consider medical grounds for bail

The Supreme Court on Tuesday (November 12) directed the All India Institute of Medical Sciences (AIIMS) to constitute a medical team for a thorough examination of E Abubacker, the former chairman of banned group Popular Front of India (PFI), to to determine whether he deserved bail on medical grounds.

A sofa consisting of Judges MM Sundresh and Aravind Kumar directed that Abubacker be taken to AIIMS within a period of two days and admitted as a hospital patient for the examination. The court ruled that he must be accompanied by police escorts. She also accepted the petitioner’s request for permission from his son to assist him during the examination period. The court adjourned the hearing by two weeks in view of the AIIMS team’s report.

During the hearing, the court clarified that it would only consider the medical grounds for bail and not other merits of the case.

Senior Advocate Kamini Jaiswalon behalf of the petitioner, submitted that he was suffering from cancer which was partially treated but he had to undergo a PET scan. She added that the petitioner suffered from Parkinson’s disease, dementia, diabetes, high blood pressure and had part of his digestive tract removed.

Solicitor General of India Tushar Mehtaon behalf of the NIA, opposed this plea and said that though the petitioner was taken to AIIMS several times, the doctors never felt that any hospitalization was required. The SG also stated that the petitioner had not cooperated in the treatment and had refused to give consent. “He says take me, then he won’t give permission because he knows nothing will happen,” SG said.

However, the bench said it would prefer to receive a report from the medical team after a detailed investigation. “See if there is continued non-cooperation, then we have the option to reject it. But if he needs medical intervention and we don’t take note of it, then we are also responsible. of the medical team”, Judge Sundresh said.

Mehta said he has no objection to the Court ordering a medical examination, but added that the petitioner was “not a common criminal” and that “he wanted to come out somehow so that he could continue what he was doing.” There are indications that the petitioner is tutoring many people in connection with terrorist activities, he said.

In the order, the bank noted:

“The petitioner shall be taken to AIIMS within a period of two days from today and the detailed examination shall have to be conducted as an inpatient after necessary admission within a further period of four days thereafter. The report shall be filled by the Director after completion of the said examination within a period of 3 days thereafter.”

“We hope that the petitioner will extend full cooperation,” the bench noted.

After the order was dictated, Jaiswal requested the court to file a rejoinder to the counter affidavit filed by the NIA. The court said it could file the rejoinder but clarified that it would not consider the merits of the case other than the medical grounds.

The plaintiff filed a petition for special leave the order passed by the Delhi High Court in May 2024 to deny him bail. He is booked for offenses under Section 120-B and 153-A IPC and under Sections 17, 18, 18B, 20, 22, 38 and 39 of the Unlawful Activity (Prevention) Act, 1967 (UAPA for short) .

He was arrested on September 22, 2022 shortly before the arrest notification issued by the Ministry of Home Affairs, in which PFI is a terrorist organization according to the UAPA.

Case details: ABUBACKER E. v. NATIONAL RESEARCH OFFICES, Journal No. 32949-2024

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