The Supreme Court has mandated a comprehensive medical examination for E. Abubacker, the former chairman of the now-banned organization Popular Front of India (PFI), at the All India Institute of Medical Sciences (AIIMS). The direction comes amid Abubacker’s plea for bail citing urgent medical needs.
A bench, comprising Justices M.M. Sundresh and Aravind Kumar, heard the case, with the National Investigation Agency (NIA), represented by Solicitor General Tushar Mehta, opposing the bail application. During the proceedings, Justice Sundresh emphasized the Court’s responsibility towards the petitioner’s health, stating, “If he requires urgent medical intervention and we do not acknowledge it, we will also bear responsibility.”
Despite previous medical examinations at AIIMS that did not recommend hospitalization, the Court ordered that Abubacker be admitted as an in-patient within two days for a thorough assessment. “Let us leave it to the doctors…whatever the doctors say, we will go with it,” Justice Sundresh remarked, ensuring a decision grounded in medical expertise.
The Solicitor General argued that Abubacker’s past involvement with PFI and evidence of activities linked to terrorism highlighted the risks of granting bail. However, Justice Sundresh maintained a focus on the immediate medical concerns, stating, “Let the report come, and the court will examine it. We will rely on that. If he requires urgent medical attention, we cannot deny it at this moment.”
Mehta also expressed concerns that Abubacker might resume his previous activities if released, an outcome the government aims to prevent. Meanwhile, senior advocate Kamini Jaiswal, representing Abubacker, argued that her client is severely ill, requiring a PET scan among other medical interventions due to multiple health issues.
The hearing is part of an ongoing appeal against a May 2024 decision by the Delhi High Court, which had previously denied bail to Abubacker. He faces multiple charges under the Indian Penal Code and the Unlawful Activities (Prevention) Act, 1967.