‘Nothing serious in reports', SC defers hearing on ex-PFI Chairman's medical bail till Jan 17

New Delhi, Jan 10 The Supreme Court on Friday said that there was "nothing so serious in the medical reports" of Erappungal Abubacker, the former Chairman of banned Popular Front of India's (PFI), who is seeking bail on humanitarian and medical grounds.

After Abubacker's counsel stated that the medical reports were not made available to the petitioner side, a bench headed by Justice M. M. Sundresh directed that a copy of medical records may be given to the petitioner's counsel and posted the matter for further hearing on January 17.

"There is nothing so serious in the medical report," remarked the bench, also comprising Justice Rajesh Bindal.

Earlier in November 2024, the Justice Sundresh-led bench decided to fix the matter for hearing post-December vacations.

It had clarified that the pendency of Abubacker's instant proceedings before the Apex Court would not bar the High Court from determining his bail plea on medical grounds in the money laundering case lodged under the Prevention of Money Laundering Act (PMLA).

The Supreme Court had directed a panel of doctors in AIIMS Delhi to examine Abubacker. It had ordered that the former PFI chief be taken to AIIMS Delhi, where a panel of doctors would conduct his detailed examination as an in-patient and it would consider the question of grant of bail based on the medical report.

Solicitor General (SG) Tushar Mehta, appearing for the National Investigation Agency (NIA), had said that Abubacker was not an ordinary criminal and there was evidence to indicate that he was tutoring several individuals for terrorist activities.

SG Mehta added that he refused to give consent for treatment when he was taken to hospital in the past. In May last year, the Delhi High Court did not find any "compelling reason" to release him based on his medical condition.

"As per the report received from Medical Officer Incharge, Central Jail Dispensary, he was, though, referred to AIIMS Hospital for admission, but he did not choose to go there," said a Division Bench of Justice Suresh Kumar Kait and Manoj Jain.

It added that allegations and averments appearing in the charge sheet coupled with the statements made by the witnesses, including the protected witnesses, leave no element of uncertainty about the fact that the case of the prosecution, under the Unlawful Activities (Prevention) Act (UAPA), is prima facie true.

In May 2024, dismissing Abubacker's plea, the Delhi HC said: "There is nothing before us which may suggest infringement of his fundamental rights. As regards, his medical complications, learned trial court has already given the requisite directions, which we also feel to be very appropriate."

Abubacker was arrested by the NIA on September 22, 2022, and charged under the provisions of the UAPA. He has been in judicial custody since October 6, 2022. He was active in organisations like the Ideal Students League, Jamaat-e-Islami, and the Students Islamic Movement of India (SIMI).

According to Abubacker, he is suffering from multiple ailments, including a rare type of oesophagus cancer, Parkinson's Disease, hypertension, diabetes, and loss of vision. The PFI, described as an extremist Islamic organisation spreading its ideologies, was banned by the Union government in September 2022 under the UAPA.

Source: IANS