The National Investigation Agency informed the Delhi High Court on Wednesday that E Abubacker, the former leader of the now-banned Popular Front of India (PFI), is perfectly alright and is receiving treatment.
“We have filed a status report along with the report of AIIMS,” said special public prosecutor Akshai Malik, arguing for the agency before a division bench of Justice Siddharth Mridul and Justice Talwant Singh.” He is absolutely fine… and under treatment. As and when required he is taken there (to the hospital)”, Malik added.
Meanwhile, Adit Pujari, Abubacker’s attorney, requested time to obtain directions on the NIA’s status report. The High Court listed the matter for hearing on December 19 and aid, “The counsel for the appellant prays for and is granted time to obtain instructions qua the further prosecution of the present appeal.”
On the previous trial, the court had passed an order to the NIA on Abubacker’s plea for interim bail on health grounds and had requested the agency to file a status report integrating “the medical opinion of specialist authored by AIIMS hospital qua the ailment and treatment advised therefore…in terms of the directions issued by a special judge of NIA”.
Pujari previously admitted that his client underwent adenocarcinoma (cancer) surgery in 2019, in addition to undergoing multiple cycles of chemotherapy and that he also had Parkinson’s disease. He contended that his client is 70 years old and that his medical test has been planned for January 2023.
The Court earlier stated that Abubacker was seriously ill. When briefed about Abubacker’s brain MRI scan, it stated, “What is their diagnosis, and what is the treatment recommended? Surely he can’t wait for a scan till 2024. It is completely unacceptable. He is incarcerated for an offence, that is a different matter but doesn’t mean we will wait till 2024, that too for an examination.”
The high court ordered Malik to submit a status report on the case. Malik said that Abubacker is a member of the PFI, a prohibited organization. The court stated that it was not the NIA’s argument that he was not entitled to treatment, to which Malik responded that the hospitalization/treatment could take place while he is in jail. In response to the court’s question, Malik stated that the chargesheet had not yet been filed.
The NIA apprehended Abubacker on September 22 as part of a national operation to crack down against the now-banned organization. The agency charged him with violating the provisions of the Indian Penal Code Unlawful Activities (Prevention) Act. The FIR in the case was registered under sections 120B and 153A of the Indian Penal Code, 1860 and section 17, 18, 18B, 20, 22B 38 and 39 of the Unlawful Activities (Prevention) Act, 1967
