The Delhi High Court on Friday sought a medical report from jail authorities on the health condition of E. Abubacker, former chairman of the banned Popular Front of India, who has requested permission to undergo treatment at a private hospital.
Abubacker, arrested in November 2022 during a nationwide crackdown on the PFI, is currently receiving medical care at the All India Institute of Medical Sciences (AIIMS), New Delhi.
High Court Issues Notice To NIA
Justice Ravinder Dudeja directed the jail authorities to submit Abubacker’s latest medical report before the next date of hearing. The court also issued notice to the National Investigation Agency (NIA) and sought its response.
Abubacker had moved the High Court after the Special NIA Court in Delhi rejected his application seeking transfer to a private hospital.
Arguments For Abubacker
Appearing for the PFI leader, advocate Adit S. Pujari argued that his client is not receiving proper medical attention at AIIMS. He alleged that the treatment is unsatisfactory and that the staff’s conduct towards Abubacker has been “hostile.”
Pujari further submitted that Abubacker, like any individual, has a fundamental right to seek treatment at a hospital of his choice. He also emphasized that Abubacker is willing to bear the expenses of such treatment himself, and therefore, no financial burden would fall on the state.
NIA’s Counter-Argument
Opposing the plea, Special Public Prosecutor Rahul Tyagi, representing the NIA, maintained that Abubacker is already under the care of one of the country’s premier medical institutions.
“He is getting treatment from the country’s best hospital. What else does he want?” Tyagi submitted before the court.
The prosecutor added that AIIMS is fully equipped to handle his medical condition and suggested that the court should verify his treatment details through the medical report.
“Please call a report from AIIMS,” Tyagi said, countering the claims of inadequate care.
What Lies Ahead
The court will now examine the medical report to be submitted by jail authorities before deciding whether Abubacker should be permitted treatment in a private facility.
The case once again raises the balance between prisoners’ rights to adequate medical care and the state’s interest in ensuring custody of high-profile detainees facing serious charges under anti-terror laws.
The next hearing on November 26 will determine whether Abubacker continues treatment at AIIMS or is allowed a transfer to a hospital of his choice.
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