Delhi High Court Refuses To Shift Former PFI Chief E Abubacker From Jail To Private Hospital, Says No Deficiency In Medical Treatment

The Delhi High Court has refused to pass an order shifting former Popular Front of India (PFI) Chief E Abubacker to a private multi specialty hospital of his choice for his medical treatment.

Justice Swarana Kanta Sharma said that there was nothing on record to show any deficiency or inadequacy in the medical treatment being provided to Abubacker, who is in custody in a UAPA case.

However, the Court noted that even though Abubacker is an accused, he is suffering from multiple serious medical ailments and is entitled to appropriate medical evaluation.

Accordingly, the Court directed that Abubacker be produced, on one specified date, this week, before the concerned doctors of the Endocrinology and Neurology Departments at Apollo Hospital for the limited purpose of obtaining a second medical opinion.

“After such examination, a copy of the medical report shall be handed over to the Jail Authorities as well as to the family of the petitioner. The petitioner's son, namely Thalal Hasoon, shall be permitted to remain present with him during such medical examination,” the Court said.

Abubacker had sought permission for one of his family members to remain with him as an attendant citing his inability to attend to his daily needs on his own and to ensure that the Delhi Armed Police (DAP) does not interfere in the course of his medical treatment.

Disposing of his plea, the Court noted that Abubacker has been receiving medical treatment at government hospitals including DDU Hospital, Safdarjung Hospital and AIIMS.

It also noted that a similar prayer seeking permission for treatment at a private hospital was earlier rejected by the Trial Court in July last year.

“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.

While ordering medical evaluation at Apollo Hospital, the Court directed that Abubacker shall continue to receive all necessary medical treatment, as and when required, without delay, through the Jail Authorities and the concerned government hospitals.

“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 judge ordered.

Title: ABUBACKER E v. NATIONAL INVESTIGATION AGENCY AND ANR

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