The Supreme Court on Tuesday directed the All India Institute of Medical Sciences (AIIMS) medically examine E Abubacker, the former Chairman of the banned outfit Popular Front of India (PFI), to determine if he should be granted bail on medical grounds.
A bench comprising Justices MM Sundresh and Aravind Kumar directed AIIMS to constitute a medical team for the purpose of medical examination. The top court has directed the authorities to take Abubacker to AIIMS within a period of two days and admit him as an in-patient for the purpose of examination.
Solicitor General Tushar Mehta appearing for the NIA opposed bail for Abubacker, saying that he was previously taken to AIIMS on several occasions but the doctors never felt that there was a need for hospitalisation. He further contended that Abubacker was not cooperating with the treatment and had refused to give consent.
SG Mehta said that there is evidence of Abubacker tutoring persons for terrorist activities. He added that he has no objection to the court ordering a medical examination but Abubacker was not an ordinary criminal.
"The petitioner shall be taken to AIIMS within a period of 2 days from today and the detailed examination will have to be conducted as an in-patient after due admission within a further period of 4 days thereafter. The report needs to be filled by the director after completion of the said examination within a period of 3 days thereafter," the court ordered after observing that if he is requiring medical intervention and if the court does not take note of it, then the court will also be responsible.
"We will simply go by the view of the medical team," the court said while expressing hope that Abubacker will cooperate.
The Supreme Court ordered that the former PFI chief should be accompanied by police and further allowed his son to assist him during the examination period. The court will go through the AIIMS report in two weeks.
The court today ordered medical examination after Senior Advocate Kamini Jaiswal appearing for E-Abubacker submitted that he was suffering from cancer which was partly treated but he was required to take a PET scan.
The court was further informed that he is suffering from Parkinson's' disease, dementia, diabetes, hypertension and a part of his digestive tract had been removed.