Today, On 17th January, The Supreme Court denied bail to former PFI chairman Abubacker, who was arrested on September 22, 2022, under the Unlawful Activities (Prevention) Act (UAPA). Abubacker had sought bail citing medical issues, but the court dismissed his plea, emphasizing the seriousness of the charges. The decision highlights the judiciary\u2019s stance on balancing health concerns with national security.
New Delhi: The Supreme Court today denied medical bail to former Popular Front of India (PFI) Chairman Abubacker E., stating that there were no critical findings in his AIIMS medical report.
The Bench, consisting of Justice MM Sundresh and Justice Rajesh Bindal, remarked,
“After going through the report, at this stage, we are not inclined to order bail.” However, they allowed Abubacker to approach the Trial Court if his medical condition worsens.
Solicitor General Tushar Mehta, along with Additional Solicitor General SV Raju and Advocate Kanu Agrawal, represented the NIA, while Senior Advocate Gopal Sankaranarayanan defended Abubacker.
Initially, the Senior Counsel argued that the AIIMS medical report warranted bail.
Justice Sundresh questioned,
“How do you say so?”
The Senior Counsel proceeded to detail the medical report and referenced similar cases, asserting that Abubacker is an undertrial.
Justice Bindal interjected, stating,
“This case is restricted to medical bail… Reference should not be made to the judgments involving undertrials.”
ASG Raju added,
“Kindly see the medical reports; all treatments optimized.”
The Senior Counsel requested an alternative, proposing house arrest, but the Court declined.
Notably, on January 10, the Court had postponed the medical bail petition to January 17, 2025, instructing the Registry to provide a copy of the medical report.
Justice Sundresh had noted,
“There is nothing so serious in the medical report.”
On November 12, 2024, the Apex Court requested a medical evaluation from AIIMS, directing that Abubacker be guided for examination within two days, with a follow-up in two weeks.
On September 20, 2024, the Court had issued notice regarding Abubacker’s medical bail petition. Earlier, on May 28, 2024, the Delhi High Court had rejected his bail request. Abubacker, currently incarcerated since September 22, 2022, faced charges with a chargesheet filed on March 18, 2023.
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While the Court acknowledged his age and medical issues, including Parkinson’s disease and previous cancer surgery, it noted that he was no longer suffering from malignancy.
The Court also highlighted that he had declined admission to AIIMS, stating,
“As per the report from the Medical Officer Incharge, Central Jail Dispensary, he did not choose to go there.”
The Court concluded,
“We do understand that Parkinson’s disease is a progressive disorder, but fact remains that adequate directions have already been given by the learned Trial Court… There wasn’t any compelling reason to release him based on his medical condition.”
It further emphasized that should his condition deteriorate, the Jail Superintendent would ensure he is taken to AIIMS without needing formal direction from the Court.
Case Title: Abubacker E. v. National Investigation Agency [Diary No. 32949/2024]