Delhi HC On PFI Leader: While hearing the petition of former Popular Front of India (PFI) president E Abubacker, the Delhi High Court said on Monday (December 19) that Abubacker, who is in jail, will be treated. The court said that but the former PFI president will not be kept under house arrest. Abubakar had filed a petition in the High Court against the order of the lower court not to release him on medical grounds.
A bench of Justice Siddharth Mridul and Justice Talwant Singh said, “When you are seeking bail on medical grounds why should we send you home? We will send you to the hospital.” Abubakar (70)’s lawyer said last month that he had cancer and Parkinson’s disease and was in “severe pain” that required immediate treatment.
There is no provision in the law for detention
Abubakar was arrested by the NIA earlier this year during a massive crackdown on the banned organization and is currently in judicial custody. The bench remarked on Monday (December 19) that there was no provision in the law for “detention”. The court directed that Abubakar be “securely taken” to AIIMS in custody for review ‘oncosurgery’ on December 22 and allowed his son to be present during the consultation.
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Court said, “He is entitled to treatment”
The court said, “We are not giving you house arrest. There is no provision for detention in the law. The Hon’ble Supreme Court has powers which the High Court does not have.” A bench headed by Justice Mridul said, “We do not see anything appropriate in this as no surgery has been recommended. First of all, we cannot send you to house arrest. If your medical condition requires hospitalization, we may direct hospitalization. We can allow one attendant. We are not allowing anything else.”
The bench listed the matter for consideration in January next year and directed the jail medical superintendent to file a report on consultation with the oncosurgery department of AIIMS.
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