Delhi High Court Denies House Arrest To Banned Group PFI Leader Abubacker

The Delhi High Court on Monday rejected E Abubacker’s appeal against a trial court decision to deny his release on medical grounds and instead ruled that the jailed former chairman of the Popular Front of India will receive medical care but won’t be placed under house arrest.
“When you are asking for medical bail, why should we send you to your house? We will send you to a hospital,” remarked a bench headed by Justices Siddharth Mridul and Talwant Singh.

Abubacker’s attorney claimed last month that the 70-year-old was in “severe discomfort,” had Parkinson’s disease and cancer, and required immediate medical care.

Abubacker is currently being held in judicial prison after being taken into custody by the agency earlier this year following a significant crackdown on the prohibited organisation.

The judgement stated on Monday that there was no legal provision for “home arrest” and ordered Abubacker to be “escorted safely” to AIIMS for an oncosurgery review on December 22. The bench also gave his son permission to be present during the session.

“We are not granting you house arrest. There is no provision in law for house arrest. The honourable Supreme Court has powers which this court does not,” the court said.

“We don’t see anything appropriate in this because no surgery has been recommended. We can’t grant you house arrest, first of all. If your medical condition requires hospitalisation, we can direct hospitalisation. We may permit an attendant. We are not permitting anything else,” added the court.

“He is entitled to medical treatment and that we will provide,” the court said.

The jail medical superintendent was instructed to submit a report on the consultation with the AIIMS oncosurgery department after the court listed the case for further consideration in January of next year.

Abubacker’s attorney, Adit Pujari, contended that he required ongoing observation and therapy and that even if he were placed under house arrest, there would be no “qualitative difference” for the investigating team.

The defendant was receiving the “best possible care,” according to special public prosecutor Akshai Malik, who was representing the NIA, and an oncologist visit was scheduled on December 22.

He had previously stated that Abubacker was receiving therapy and was “totally OK.”

The court had stated last month that the accused will receive the necessary medical care while rejecting the argument that he should be placed under house arrest.

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