Delhi HC directs jail authorities to provide “efficacious” treatment to former PFI chairman

New Delhi [India], February 2 (ANI): The Delhi High Court on Thursday directed the jail authorities to provide “efficacious” treatment to the former chairman of the banned Popular Front of India (PFI) Erappungal Abubacker.

A division bench of justices Sidharth Mridul and Talwant Singh gave the directions while issuing notice to National Investigation Agency (NIA) on Abubacker’s application in which the PFI chairman has sought bail on medical grounds. The high court directed the NIA to file a reply within three weeks. The matter has been listed for further hearing on March 13. The court directed the jail superintendent to ensure that the petitioner is provided “efficacious treatment without failure.”

Advocate Adit S Pujari submitted before the bench that he met the petitioner in jail where the petitioner told him about the problems in the jail.
“The petitioner has a sevadar but he is not able to communicate with him as the sevadar knows neither English nor Malayalam,” Pujari submitted.

He also stated that he has also filed an affidavit pursuant to the direction of the court. During the last hearing, the counsel appearing for Abubacker had submitted that his fundamental right to life under Article 21 of the Constitution of India is being violated. The special bench had asked advocate Pujari to file an affidavit on how the right to life of the petitioner is being violated by the incarceration in the matter.

During the hearing, the counsel of NIA had submitted that the investigation is pending against the petitioner. The time for investigation has been extended by the court. He is trying to derail the investigation by filing parallel applications.
It was also submitted that the petitioner wants to go to Kerala on the grounds of some ailment. This entire exercise is to derail the investigation and influence the witnesses.

He has fallen in the toilet on two occasions. When he was taken to AIIMS, his son was not permitted to meet him. It was said that he did not have a certified copy of the court order. The counsel for NIA opposed the submission and contended the petitioner has been provided with a sevadar in jail. Their entire attempt is to derail the investigation by filing parallel pleas before the trial as well as the High Court.

The court may consider the question of violation of Article 21 in Abubacker’s case especially in view of his incarceration even when he is unable to fend for himself, advocate Pujari had submitted. Advocate Pujari also submitted that health reports suggest that scans have to be done regularly. The High court, on December 19 refused to send the petitioner under house arrest. The court had directed authorities to take him to the AIIMS for treatment. Abubacker has sought interim bail on medical grounds.

The bench had said, ” When you are asking for bail on medical grounds, why should we send you to your house? We will send you to the hospital.” The court directed authorities to take him to the AIIMS on December 22. However, the court has allowed his son to accompany him. Earlier on December 14, the high court was informed by the National Investigation Agency (NIA) that the former PFI chairman E Abubacker is being provided treatment and he is fine. NIA filed its report on the plea of Abubacker seeking treatment.

He was arrested in September during the nationwide crackdown on the outfit. He has filed an appeal in the High court against the trial court order denying him the relief sought on medical grounds. While rejecting the request for placing the petitioner under house arrest, the bench had said that requisite medical treatment would be provided to the accused.