The Supreme Court has granted relief in the Abubacker Medical Bail Plea, allowing former Popular Front of India chairman E. Abubacker to be treated at Max Hospital, Saket, subject to strict conditions.
New Delhi: The Supreme Court on October 16 granted relief to former Popular Front of India (PFI) chairman E. Abubacker on his plea for medical bail, permitting him to receive treatment at Max Hospital, Saket, under conditions, and directing the hospital to report on his further treatment and the likely duration of hospitalisation [Abubacker E. v. National Investigation Agency].
A Bench of Justice M.M. Sundresh and Justice P.B. Varale passed the order. Additional Solicitor General S.V. Raju appeared for the National Investigation Agency (NIA).
The conditions
The Court made it clear that Abubacker’s hospitalisation is subject to strict conditions. He must bear the medical expenses and the cost of the police escort, and police personnel will remain on duty during his stay. One family member may accompany him in hospital: his two sons may alternate, but only one can stay with him at a time, and the names of both are to be placed on record and incorporated in the order. The full text of the order was not available when this report was filed.
How the case reached here
The NIA arrested Abubacker on September 22, 2022, after countrywide raids targeting the PFI, and he faces charges under the Unlawful Activities (Prevention) Act, 1967. The NIA alleges that the PFI and its members conspired to raise funds for terror activity and to run indoctrination camps; these are allegations that have not been tested at trial. The Centre banned the PFI for five years on September 28, 2022. A chargesheet was filed on March 18, 2023, and the Delhi High Court denied him bail on May 28, 2024.
In November 2024 the Supreme Court directed an examination of Abubacker at AIIMS to consider his plea for bail on medical grounds. On January 17, 2025, a Bench of Justice Sundresh and Justice Rajesh Bindal observed that the AIIMS report contained nothing critical, said it was not inclined to order bail “at this stage”, refused house arrest and left him free to approach the trial court if his condition worsened.
On March 27, 2026, the Delhi High Court (Justice Swarana Kanta Sharma) declined his request to be moved to a private multi-specialty hospital at his own expense, finding no material to show deficiency in his AIIMS treatment, but allowed a visit to a private hospital for a second opinion.
Why the order matters
The order marks a change from the earlier position in which the Court declined interim relief on medical grounds, and shows how courts balance medical needs against the restrictions of the UAPA in custody. The report called for from the hospital will shape what follows. The allegations against Abubacker remain untested, the Court has expressed no view on the merits of the case, and the presumption of innocence applies.
Case Title: Abubacker E. v. National Investigation Agency
Bench: Justice M.M. Sundresh and Justice P.B. Varale, Supreme Court of India
Date of Order: October 16, 2026
Appearances: Additional Solicitor General S.V. Raju for the NIA