Delhi High Court rejects plea for shifting jailed former PFI chief Abubacker to private hospital

The Delhi High Court recently rejected a plea by jailed former Popular Front of India (PFI) chief Abubacker, who had requested that he be shifted from jail to a private hospital for better medical treatment [Abubacker E vs National Investigation Agency And Anr.].

Abubacker, who is lodged in Tihar jail on terror funding allegations, claimed that he was not getting adequate treatment from the government hospitals currently treating him for various medical ailments.

In a judgment passed on March 28, Justice Swarana Kanta Sharma found that there is no material on record to show any deficiency or inadequacy in the medical treatment being provided to Abubacker to justify shifting him to a private hospital.

However, since Abubacker suffers from multiple ailments, the Court directed that a second opinion on his health status be taken from Apollo Hospital.

“Though the petitioner is an accused, he is suffering from multiple serious medical ailments and is entitled to appropriate medical evaluation. Accordingly, in the interest of justice, it is directed that the petitioner be produced, on one specified date, in the next week, before the concerned doctors of the Endocrinology and Neurology Departments at Apollo Hospital for the limited purpose of obtaining a second medical opinion," the Court said.

The Court has directed the doctors treating him at AIIMS Hospital to consider the medical report given by Apollo Hospital for deciding the further course of his treatment.

The Court added that Abubacker should continue to receive all necessary medical treatment through the Tihar jail authorities without delay.

“It is however clarified that the petitioner’s treatment shall continue at AIIMS only,” the Court further said.

Abubacker was arrested in 2022 by the National Investigation Agency (NIA) and charged under provisions of the Unlawful Activities Prevention Act (UAPA) amid a massive crackdown on the PFI.

The NIA accused the PFI and its members of hatching a criminal conspiracy to raise funds for committing acts of terror across India. According to the investigation agency, the PFI had been conducting training camps to indoctrinate and train their cadre for this purpose.

A trial court rejected Abubacker’s bail plea in 2023, while directing his medical treatment at AIIMS. Abubacker later approached the Supreme Court seeking bail on medical grounds. However, in 2024, the top court also rejected his bail plea, and directed AIIMS to constitute a medical board to evaluate his health condition.

Abubacker approached the Delhi High Court earlier this year with a plea that he was not being properly treated at AIIMS. He claimed that the medical staff at AIIMS were not cordial and sought to be treated at a multispecialty private hospital of his choice and at his own expense.

Alternatively, he urged the Court to allow for his physical medical assessment at a private hospital, to get a second medical opinion.

By its March 28 ruling, the High Court rejected Abubacker’s plea for his treatment at a private hospital.

“It is not even the case of the petitioner that he has been denied proper or adequate medical treatment. AIIMS, being a premier medical institution of the country, is well-equipped to address his medical needs. As regards the petitioner’s grievance that the behaviour of certain medical personnel was not cordial, this Court is of the opinion that such a ground, in the absence of any material indicating deficiency in medical care, cannot justify a direction for shifting the petitioner to a private hospital," the Court said.

The Court noted from the status report filed by the Medical Officer In-Charge of Tihar jail that Abubacker suffers from persistent cough, breathlessness, generalized weakness, fluctuating blood sugar and blood pressure levels and uncontrolled hyperglycemia despite ongoing treatment at Safdarjung Hospital. It also observed that Abubacker has been receiving medical treatment at government hospitals being DDU Hospital, Safdarjung Hospital and AIIMS.

In his petition, Abubacker had also sought directions to be allowed presence of one family member as an attendant due to his inability to attend to his daily needs and to to ensure that the Delhi Armed Police (DAP) does not interfere with his medical treatment.

Abubacker submitted that even though his son was permitted through court directions to be present with him during hospitalisations, the Tihar Jail officials did not share updates about such events in a timely manner.

The Court has now allowed Abubacker’s son to remain present with him during the medical examination for a second medical opinion from Apollo hospital.

Justice Sharma has also ordered the Tihar Jail authorities to promptly inform Abubacker’s son about any hospitalisations, and to allow him to stay with Abubacker in such an event.

“In the event the petitioner is required to be taken to any hospital, including in cases of emergency, his family members shall be informed promptly, and his son shall be permitted to remain present with him on the same terms as earlier directed. The Jail Authorities shall ensure strict compliance with these directions," the Court said.

Advocates Satyakam, Rehan Ghalib Khan, Abdul Shukoor, Shereef KA and Mohd Arif Hussain appeared for Abubacker.

Special Public Prosecutor Rahul Tyagi, Additional Special Public Prosecutor Jatin Khatri with advocates Vikas Walia and Amit appeared for the NIA.

[Read judgment]