Thursday, November 30, 2023

Delhi High Court rejects house arrest plea of ex-chairman PFI Abubacker, says will order hospitalisation if need arises

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The Delhi High Court on Monday refused the petition filed by former Chairman of Popular Front of India (PFI), E. Abubacker, seeking house arrest on grounds of his deteriorating health.

The Bench of Justice Siddharth Mridul and Justice Talwant Singh noted that since the petitioner was seeking medical bail, there was no reason to grant him house arrest.

It further said that the Court will direct the Jail authorities to admit him in a hospital, if the need arose for the same.   

The High Court perused the medical status report of Abubacker, which mentioned that he had an appointment with the Onco-Surgery department of the All India Institute of Medical Sciences (AIIMS) on December 22. 

The High Court further directed the Medical Superintendent of AIIMS to file a report before the Court regarding the treatment prescribed by the Onco Surgery department of AIIMS to Abubacker on the next date of hearing.

The Bench allowed Abubacker’s son to accompany him during his consultation and treatment of cancer by the Onco-Surgery department of AIIMS.

Appearing for the septuagenarian, Advocate Adit S Pujari referred to the Apex Court order of November 30, wherein the Bench of Justice K.M. Joseph and Justice Hrishikesh Roy had permitted 73-year-old human rights activist Gautam Navlakha, an accused in the Bhima Koregaon violence case, to be transferred from Taloja Prison, where he is currently lodged, to house arrest for one month, on medical grounds.

The High Court then observed that the Gautam Navlakha case was not a template and posted the matter for further hearing on January 6.

Earlier on November 30, the Division Bench of Justice Siddharth Mridul and Justice Talwant Singh had refused house arrest to Abubacker.

The High Court had issued notice to NIA and sought a status report on the matter.

The PFI chief, who belongs to a village in Kozhikode district of Kerala, was active in organisations like the Ideal Students League, Jama’at-e-Islami and Students Islamic Movement of India (SIMI).

He was arrested by NIA on September 22 and has remained in judicial custody since October 6.

The 70-year-old sought regular bail on medical grounds under Section 439 of Cr.P.C., arguing that he was a retired school teacher and suffering from various medical ailments, including a rare form of cancer called ‘Gastroesophageal junction adenocarcinoma’.

The petitioner further said that he was suffering from Parkisnon’s Disease, hypertension, diabetes, loss of vision and ailment related to nervous system, for which he has been undergoing treatment since 2019 at specialised cancer hospitals.

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