New Delhi, Mar 30 (PTI) The Delhi High Court has refused to shift former Popular Front of India (PFI) chairman E Abubacker, in custody in a UAPA case probed by the NIA, to a private hospital and directed jail authorities to ensure that all necessary medical treatment is provided to him without any delay.
Justice Swarana Kanta Sharma said although an accused, Abubacker, who was suffering from “multiple serious medical ailments”, is entitled to appropriate medical evaluation and permitted him to be taken to a private hospital for obtaining a second medical opinion this week.
The judge asked the authorities to promptly inform his family whenever he is taken to a hospital, including in case of an emergency, and permitted his son to be present during the medical evaluation at the private hospital.
Justice Sharma, in a judgement passed on March 27, clarified that his treatment shall continue at AIIMS.
The court passed the order on a petition by Abubacker seeking directions to shift him, at his own cost, from jail to a well-equipped multi-specialty private hospital and to ensure that there should be no interference in the course of his medical treatment.
He also sought permission for the presence of one family member with him as an attendant.
The court observed that the petitioner has been receiving medical treatment at government hospitals including DDU Hospital, Safdarjung Hospital as well as AIIMS which is a premier medical institution, well-equipped to address his medical needs.
It added that the petitioner could not be moved to a private hospital because certain medical personnel allegedly behaved uncordially and that no material on record showed any deficiency or inadequacy in the medical treatment provided at AIIMS.
“In the present petition, the petitioner has again sought permission to be treated at a private hospital of his choice. However, 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,” the court stated.
“It is further directed that the petitioner shall continue to receive all necessary medical treatment, as and when required, without delay, through the jail authorities and the concerned government hospitals.
“In the event the petitioner is required to be taken to any hospital, including in cases of emergency, his family members shall be informed promptly, and his son shall be permitted to remain present with him on the same terms as earlier directed. The jail authorities shall ensure strict compliance with these directions,” the court directed.
The petitioner alleged that he was suffering from persistent cough, breathlessness and generalized weakness, along with fluctuating blood sugar and blood pressure levels and uncontrolled hyperglycemia, despite receiving treatment.
He claimed that he was not receiving proper treatment at AIIMS and his experience was “disastrous”.
According to the NIA, the banned PFI, its officer bearers and members hatched a criminal conspiracy to raise funds for committing acts of terror in various parts of the country and were conducting training camps to indoctrinate and train their cadres for this purpose.
In near-simultaneous raids across the country as part of a multi-agency operation spearheaded by the NIA, a large number of PFI activists were detained or arrested in 11 states for allegedly supporting terror activities in the country.
Abubacker was arrested on September 22, 2022.
The government banned the PFI and several of its associate organisations on September 28, 2022 for five years under the stringent anti-terror law UAPA, accusing them of having “links” with global terror groups like the ISIS.
In February 2024, the high court had directed the medical superintendent of Tihar Jail to ensure “efficacious” treatment to Abubacker for his aliments on a regular basis.
It had also refused to send Abubacker to house arrest and said he would be admitted to a hospital for treatment if required. PTI ADS KVK KVK
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