The Delhi High Court rejected E Abubacker plea for transfer to a private hospital, directing authorities to provide adequate treatment in government facilities. The National Investigation Agency arrested him under UAPA in 2022.
NEW DELHI: The Delhi High Court has rejected a request by E Abubacker, the former chair of the banned Popular Front of India (PFI), to be moved from jail to a private multi‑specialty hospital for treatment. While declining the transfer, the court emphasized that the accused is entitled to proper medical assessment and instructed jail authorities to ensure that all necessary treatment is promptly provided at government facilities.
Arrested by the National Investigation Agency (NIA) on September 22, 2022, after countrywide raids targeting the PFI, Abubacker remains in custody facing charges under the Unlawful Activities (Prevention) Act (UAPA).
The NIA alleges the PFI and its members conspired to raise funds for terror activities and organized indoctrination camps. The central government banned the PFI for five years on September 28, 2022, citing alleged links to international terror groups.
Abubacker, who reportedly suffers from several serious health conditions, sought court permission to be treated at a private hospital at his own expense and to have a family member act as his attendant. He claimed his treatment at AIIMS was “disastrous” and alleged inadequate care for persistent cough, breathlessness, fluctuating blood sugar, and uncontrolled hyperglycemia. He argued that his worsening health warranted transfer to a private facility to avoid interference with his care.
The court, however, noted that Abubacker has been treated at premier government hospitals, including DDU Hospital, Safdarjung Hospital, and AIIMS, and found “no material on record” showing any deficiency in AIIMS’ treatment. Justice Swarana Kanta Sharma observed that allegations of some medical staff acting “uncordially” did not justify moving him away from a leading state institution.
The court quoted earlier rulings and precedent, stating:
“In view of the earlier orders passed by the Hon’ble Supreme Court directing his treatment at AIIMS, as well as the order of the learned Predecessor Bench permitting only a second opinion to aid treatment at AIIMS, this Court finds no merit in the said prayer.”
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In her March 27 order, Justice Sharma directed that Abubacker’s treatment continue at AIIMS but permitted him to be taken to a private hospital this week solely for obtaining a second medical opinion.
To protect the prisoner’s rights and family contact, the court issued several directions:
- Jail authorities must promptly notify his family whenever he is taken to a hospital, including in emergencies;
- His son may accompany him during the second‑opinion evaluation at the private facility;
- and He “shall continue to receive all necessary medical treatment, as and when required, without delay, through the jail authorities and the concerned government hospitals.”
The ruling follows an earlier February 2024 order that had required the Tihar Jail Medical Superintendent to ensure “efficacious” treatment while rejecting a separate plea for house arrest.
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