[ad_1]
The Delhi High Court Thursday ‘dismissed as withdrawn’ a plea of former chief of Popular Front of India (PFI) E Abubacker for bail on medical grounds. He was arrested by the National Investigation Agency (NIA) on September 22 during the nationwide crackdown on the now-banned organisation.
A single-judge bench of Justice Anoop Kumar Mendiratta was hearing the plea filed by the 70-year-old alleging that he is suffering from numerous serious and rare medical ailments, including a rare form of cancer namely ‘gastroesophageal junction adenocarcinoma’ (Ca GE Junction). The plea stated the petitioner suffers from Parkinson’s disease along with various illnesses such as hypertension, diabetes and loss of vision, for which he has been undergoing treatment since 2019 at specialised cancer hospitals. His treatments have been disrupted since he was taken in custody, the plea added.
Akshai Mallik, special public prosecutor (SPP) appearing for the NIA, raised a preliminary objection to the maintainability of the petition referring to a 2014 judgment of the Supreme Court. “An appeal from the order of a special judge under the National Investigation Agency Act refusing or granting bail shall only to a bench of two judges of the HC…,” he said referring to Section 21 of the NIA Act 2008. Mallik submitted that application for bail in cases pertaining to the Unlawful Activities (Prevention) Act lies first before the special judge.
The counsel for the petitioner said, “Rightly or wrongly I’m before this Court for a serious medical condition…Section 439 of CrPC will prevail.”
With respect to the petitioner’s submission, the high court observed that the law on these matters is clear. “The NIA Act is a special act. We don’t have the power,” the court observed.
The SPP submitted that the petitioner has to approach the special judge first. “He has not even approached the special judge seeking bail relying on 439 which says that it is concurrent between the special judge and HC and has approached the HC,” Mallik submitted. Section 439 of Code of Criminal Procedure pertains to special powers of the high court or court of session regarding bail.
At this point, the counsel for the petitioner submitted that he may be allowed to withdraw his bail application, permitting him to approach the proper court. The court dismissed the petition as withdrawn without prejudice to the rights of the petitioner.
The agency booked the petitioner under Sections 120B (criminal conspiracy), 153A (promoting enmity between different groups…) of Indian Penal Code (IPC) and various provisions of the Unlawful Activities (Prevention) Act. The petitioner alleged he found out the details of the offences after he received the arrest memo, and other documents such as FIR and remand application have not been provided to him so far, which violates Section 50, 207 of the Code of Criminal Procedure.
The petition alleged Abubacker was under police remand from September 22 to October and is now under judicial custody for an indefinite period of time. “The Petitioner was admitted in Hospital on various days during Police custody and despite making specific requests for the family members to meet the Petitioner, the Ld. Special Court rejected the same, owing to which the details regarding his medical condition and treatment during detention is also unknown, thus, prejudicial towards the basic Fundamental Right to Life and Health of the Petitioner, guaranteed under Article 21 of the Constitution of India.,” the petition reads.
The petition alleged that due to the complicated medical conditions, the petitioner is unable to properly function and perform basic activities, such as comprehensive thinking. The petitioner has relied on the Supreme Court’s decision in Dr P V Varavara Rao, vs. National Investigation Agency & Anr. wherein for offences under the UAPA, Rao was enlarged on bail owing to medical conditions, claiming that the petitioner’s case is squarely covered by the judgment.
[ad_2]
Source link