The Delhi High Court Thursday refused to entertain the bail plea of former chairman of the Popular Front of India (PFI) and veteran Muslim leader E Abubacker, arrested by the NIA during a massive crackdown on the recently banned Muslim organisation, seeking release on medical grounds.
Justice Anoop Kumar Mendiratta who allowed the 70-year-old Muslim leader to withdraw his bail plea, observed his court does not have the requisite “power” to take a decision on it.
Special public prosecutor Akshai Malik, who represented the National Investigation Agency, contended the bail plea was not maintainable as the law mandates the petitioner to move the high court in appeal under the NIA Act after an order has been passed by a trial court, which is then heard by a division bench of the high court, PTI reported.
“The NIA (law) is a special Act. We don’t have the powers (to pass orders on the bail plea),” the judge said.
Erappungal Abubacker who was arrested on September 22 by the anti-terror probe agency and is currently in judicial custody, had sought bail on the ground that he was suffering from various serious ailments including cancer, Parkinson’s disease and diabetes.
Abubacker’s plea before the high court said the petitioner moved an application for interim release on October 1 due to his deteriorating health but the trial court refused to grant him relief and instead extended his police remand by six days.
It said the petitioner’s fundamental right to personal liberty and health, guaranteed under Article 21 of the Constitution of India, was being violated on account of his continued incarceration. His medical condition was “critical”, it added.
The petitioner, it claimed, has no role or involvement in the alleged crime and “no purpose exists for prolonging the continuous detention in custody of the petitioner, especially during his deteriorating health condition,” PTI reports.
“The present crime involves numerous FIRs and complaints across India, wherein over 200 arrests have been made till date. Hence, there exists no definitive period as to the completion of investigation. Thus, under critical medical conditions, the petitioner cannot be compelled to languish in custody, which would ultimately prove to be fatal for his life and wellbeing,” the plea said.
Abubacker was Founder President of Social Democratic Party of India (SDPI), Founder Chairman of National Development Front (NDF), Chairman, Popular Front of India (2007, 2017 & National executive council member till ban); Founder Chairman of Rehab india foundation ;Secretary, All India Milli Council (2005); State President, Students Islamic Movement of India (1982); founder Member of All India Muslim Personal Law Board; Managing Editor, Thejas Daily News Paper (2006) and Editor, India Next Hindi Magazine.