Abubacker E. had been arrested on September 22, 2022, and was lodged in jail. A chargesheet was filed against him before the Trial Court on March 18, 2023. On September 20, 2024, the Supreme Court had issued a notice in his medical bail petition.
NEW DELHI: The Supreme Court of India today (10th Jan) adjourned the medical bail petition of former Popular Front of India (PFI) Chairman, Abubacker E., and scheduled the next hearing for January 17, 2025.
During the hearing, the Bench, consisting of Justice MM Sundresh and Justice Rajesh Bindal, directed the Registry to provide a copy of the medical report submitted in the case to the petitioner’s legal team.
Advocate Adit Pujari, representing Abubacker, requested the Court to provide a copy of the medical report, as the petitioner’s legal team had not yet received it. He argued that reviewing the report was essential to support their case for medical bail.
In response, Justice Sundresh remarked, “There is nothing so serious in the medical report.”
Justice Bindal, questioning the petitioner’s counsel, said, “You are seeking bail on medical grounds, but you do not know the status of the person?”
Advocate Pujari clarified, “We know the status of the person,” but insisted that obtaining the latest medical records was necessary to present a strong case.
Advocate Kanu Agrawal, who represented the National Investigation Agency (NIA), informed the Court that the medical report was already part of the court file. He suggested that the petitioner’s Advocate-on-Record (AOR) might not have shared the latest document with the legal team.
In response to this, the Bench directed the Registry to ensure that the petitioner’s legal team receives a copy of the medical report. The Court also scheduled the next hearing for further arguments on January 17, 2025.
Justice Sundresh emphasized the limited scope of the notice issued by the Court, stating, “We issued notice on the limited purpose of medical bail,” and reiterated that the medical report did not raise significant concerns so far.
Background of the Case
Abubacker E. had been arrested on September 22, 2022, and was lodged in jail. A chargesheet was filed against him before the Trial Court on March 18, 2023. On September 20, 2024, the Supreme Court had issued a notice in his medical bail petition.
Abubacker, who is in his seventies, is suffering from Parkinson’s disease and had undergone surgery for cancer treatment. However, the Court had noted that he was no longer suffering from any malignancy. The Court had also observed that Abubacker had been referred to AIIMS Hospital for admission but had declined to go.
“As per the report received from Medical Officer Incharge, Central Jail Dispensary, he was, though, referred to AIIMS Hospital for admission, he did not choose to go there,”
the Court had noted earlier.
Court’s Previous Ruling:
In its previous ruling, the Court had acknowledged that Parkinson’s disease is a progressive disorder that gradually affects the nervous system. However, it stated that there was no compelling reason to release Abubacker on medical grounds.
The Court had observed, “We do understand that Parkinson’s disease is a progressive disorder which gradually affects the nervous system but fact remains that adequate directions have already been given by the learned Trial Court in the impugned order and as per jail report, appellant, himself, is not interested in getting admitted in AIIMS, New Delhi.”
The Court further emphasized the availability of high-quality medical care in India, stating, “Needless to emphasize, AIIMS is one of the best and most sought-after medical facility in the country.”
The Court also mentioned that if Abubacker’s medical condition worsened, the Jail Superintendent was directed to immediately take him to AIIMS without requiring any further formal instructions from the Court.
“Needless to supplement, in case his medical condition further deteriorates or gets worsened, Jail Superintendent would immediately rush him to AIIMS, without seeking any formal direction from the Court,” the Court had concluded.
The Supreme Court’s decision today to adjourn the matter to January 17, 2025.
Case Title: Abubacker E. v. National Investigation Agency [Diary No. 32949/2024]
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE
