The Delhi High Court has declined a plea by E Abubacker, the former chairman of the banned Popular Front of India (PFI), to be shifted from jail to a private multi-specialty hospital for medical treatment. While refusing the transfer, the court underscored that the accused is entitled to appropriate medical evaluation and directed jail authorities to ensure all necessary treatment is provided at government facilities without delay.
E Abubacker was arrested by the National Investigation Agency (NIA) on September 22, 2022, following nationwide raids against the PFI. He is currently in custody facing charges under the stringent Unlawful Activities (Prevention) Act (UAPA). According to the NIA, the PFI and its members hatched a criminal conspiracy to raise funds for terror acts and conducted indoctrination camps. The central government subsequently banned the PFI on September 28, 2022, for five years, citing links to global terror groups.
Abubacker, who suffers from multiple serious ailments, moved the High Court seeking directions to be shifted to a private hospital at his own cost and to have a family member present as an attendant. He alleged that his experience at AIIMS was “disastrous” and claimed he was not receiving proper care for persistent cough, breathlessness, fluctuating blood sugar, and uncontrolled hyperglycemia.
The petitioner argued that his deteriorating health necessitated a move to a private facility where his treatment would not be interfered with. Conversely, the court noted that Abubacker has consistently received treatment at premier government institutions, including DDU Hospital, Safdarjung Hospital, and AIIMS.
Justice Swarana Kanta Sharma observed that there was “no material on record” to show any deficiency or inadequacy in the treatment provided at AIIMS. The court further noted that the petitioner’s request to move was partly based on allegations that certain medical personnel behaved “uncordially,” which did not justify a transfer from a premier state institution.
Citing judicial hierarchy and precedent, the court stated:
“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.”
In the judgment passed on March 27, Justice Swarana Kanta Sharma clarified that Abubacker’s treatment shall continue at AIIMS. However, the court granted permission for him to be taken to a private hospital specifically to obtain a second medical opinion this week.
To ensure the prisoner’s rights and family communication, the court issued the following directives:
- Family Notification: Jail authorities must promptly inform Abubacker’s family whenever he is taken to a hospital, including in emergencies.
- Attendant Presence: His son is permitted to be present during the medical evaluation for the second opinion at the private hospital.
- No Delay in Care: The court directed that he “shall continue to receive all necessary medical treatment, as and when required, without delay, through the jail authorities and the concerned government hospitals.”
This follows a previous order in February 2024, where the court had directed the Tihar Jail Medical Superintendent to ensure “efficacious” treatment while refusing a separate request for house arrest.
