Supreme Court Denies Bail to Former PFI Head, Allows Trial Court Application
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Synopsis
The Supreme Court has denied bail to Erappungal Abubacker, the former Chairman of the banned PFI, after reviewing his medical condition. The court stated he could apply for bail before the trial court if his health worsens. Abubacker has been in custody since September 2022 for UAPA violations.
Key Takeaways
- The Supreme Court rejected Abubacker's bail plea.
- He can approach the trial court for bail if necessary.
- Medical reports did not justify his release.
- Abubacker is linked to extremist organizations.
- He remains in custody pending further proceedings.
New Delhi, Jan 17 (NationPress) The Supreme Court on Friday rejected a request submitted by Erappungal Abubacker, the ex-Chairman of the prohibited Popular Front of India (PFI), for bail on humanitarian and medical grounds.
After reviewing the medical documentation, a bench led by Justice M. M. Sundresh expressed its unwillingness to grant Abubacker medical bail at this juncture, noting that he could seek bail from the trial court if his health condition worsens.
Furthermore, it dismissed Abubacker's alternative request for house arrest.
During a previous session, the Justice Sundresh-headed Bench noted that there was “nothing so serious in the medical reports” concerning the former PFI leader.
The Supreme Court had instructed a team of doctors at AIIMS, Delhi, to assess Abubacker. He was mandated to be admitted to AIIMS Delhi, where a team of physicians would conduct a thorough examination as an in-patient, with consideration for bail contingent on the medical findings.
Abubacker was detained by the National Investigation Agency (NIA) on September 22, 2022, and charged under the Unlawful Activities (Prevention) Act (UAPA).
Since October 6, 2022, he has remained in judicial custody. He has been involved with groups such as the Ideal Students League, Jamaat-e-Islami, and the Students Islamic Movement of India (SIMI).
Before the top court, Solicitor General (SG) Tushar Mehta, representing the NIA, stated that Abubacker was not an ordinary criminal and that evidence suggested he was coaching several individuals for terrorist pursuits.
SG Mehta mentioned that Abubacker previously declined to consent to treatment while hospitalized. In May of the prior year, the Delhi High Court found no “compelling reason” to release him based on his health condition.
According to the report from the Medical Officer in charge of the Central Jail Dispensary, he was referred to AIIMS Hospital for admission but chose not to proceed, according to a Division Bench of Justices Suresh Kumar Kait and Manoj Jain of the Delhi HC.
The bench concluded that the charges and statements provided by witnesses, including protected witnesses, revealed no uncertainty regarding the prosecution’s case under the UAPA.
In May 2024, while dismissing Abubacker's plea, the Delhi HC stated: “There is nothing before us which may suggest infringement of his fundamental rights. As regards, his medical complications, learned trial court has already given the requisite directions, which we also feel to be very appropriate.”
According to Abubacker, he is afflicted with several ailments, including a rare form of oesophagus cancer, Parkinson's Disease, hypertension, diabetes, and loss of vision. The PFI, labeled as an extremist Islamic group promoting its ideologies, was prohibited by the Union government in September 2022 under the UAPA.
