Delhi High Court refuses to entertain bail plea of ex-PFI chief E Abubacker

The Delhi High Court on Thursday refused to entertain a bail plea filed by former Popular Front of India (PFI) chief and founding president of Social Democratic Party of India (SDPI) Erappungal Abubacker..Justice Anoop Kumar Mendiratta held that in an Unlawful Activities Prevention Act (UAPA) case, remedy for bail lies first before the trial court and then in appeal before a Division Bench of the High Court. .Special Public Prosecutor Akshai Malik appeared for the National Investigation Agency (NIA) and raised a preliminary objection to the maintainability of the petition.Malik said that under the NIA Act and the UAPA, the petitioners should have approached the trial court first and then come in appeal before the High Court. He further said that the aim of filing the application is to derail the investigation. .However, counsel appearing for Abubacker said that he is suffering from several diseases and is seriously ill, and therefore, some interim orders should be passed. .Justice Mendiratta refused the request, remarking that he does not have the jurisdiction to deal with the matter, and therefore, no interim orders can be passed. "It is a special Act. We don't have the power means we don't have the power...I can't pass interim orders if I don't have jurisdiction. The matter is over. It will be appropriate for you to approach the trial court," the judge said. Abubacker's counsel then proceeded to withdraw the matter. .Abubacker, who hails from a village in Kerala's Kozhikode, was active in organisations like the Ideal Students League, Jama’at-e-Islami and Students Islamic Movement of India (SIMI). He was arrested by the NIA on September 22 and charged under provisions of the UAPA. He has been in judicial custody since October 6. .He had sought bail on medical grounds, arguing that he is a retired school teacher and a senior citizen suffering from numerous serious and rare medical ailments, one of which is a rare form of cancer called “Gastroesophageal junction adenocarcinoma”. He is also suffering from Parkisnon's Disease, along with hypertension, diabetes, loss of vision, nervous system etc for which he has been undergoing treatment since 2019 at specialized cancer hospitals, the plea said."The Petitioner stands deprived of his Fundamental Right to Life, Personal Liberty and Right to Health guaranteed under Article 21 of the Constitution of India, as per procedure established by law and is thus, compelled to approach this Hon'ble Court under Section 439 of Cr.P.C., seeking regular bail, on medical grounds," the petition stated. .Advocates Deepak Prakash, Saifan Shaiekh, Divyanka Malik, Vishnu Priya, Shyam Nair, Vardhan Kapoor and Disha Gupta appeared for the petitioner. NIA was represented through SPP Akshai Malik and advocate Khawar Saleem. .[Read Order]