The Delhi High court on Monday refused to send the former Chairman of PFI, Abu Becker on house arrest. The court directed authorities to take him to AIIMS for treatment. Abu Becker had sought interim bail on medical grounds.
A division bench comprising justices Sidharth Mridul and Talwant Singh refused to grant the order of house arrest of Abu Becker.
The bench directed the medical superintendent is directed to file the advice and treatment prescribed by the Onco surgery department of AIIMS on the Next date.
The court was told by the NIA that Abu Becker's appointment is scheduled on December 22 in the Onco surgery department.
Abu Backer's counsel has submitted that he can be granted a house arrest as in the case of Gautam Navlakha's matter by the Supreme court.
The High court said, " Gautam Navlakha is not a template that you come here and say I am 70-years-old... We can't grant you house arrest. The Hon'ble Supreme Court has powers that this court does not have. If your medical condition requires hospitalisation, we can direct that."
The bench said," When you are asking for bail on medical grounds, why should we send you to your house? We will send you to the hospital."
The court directed authorities to take him to the AIIMS on December 22. The court has allowed his son to accompany him.
The matter has been listed on January 6, 2023, for further hearing.
Earlier on December 14, the high court was informed by the National Investigation Agency (NIA) that the former PFI chairman E Abu Becker is being provided treatment and he is fine. NIA filed its report on the plea of Abu Becker seeking treatment. He was arrested by the agency in September.
A status report along with a report from AIIMS was also filed, the bench was told.
On November 30, the High court directed the NIA to file a status report on the plea of Abu Becker.
Becker was arrested during the nationwide crackdown on the outfit.
The division bench of Justices Siddharth Mridul and Talwant Singh directed the agency to file a status report. The opinion of a medical expert authorised by AIIMS was also sought.
While rejecting the request for placing the petitioner under House arrest, the bench had said that requisite medical treatment would be provided to the accused.
The bench asserted, "We are not inclined to do that. AIIMS is a premier hospital. If you are using this as a pretext for house arrest, we are not granting that. We are only concerned with his medical conditions."
It was submitted by the petitioner's counsel Adit Pujari that Abu Becker is 70 years old and suffering from cancer and Parkinson's. He is in great pain.
The counsel also submitted that the petitioner needed urgent medical supervision but his plea was dismissed by the lower court.
The counsel also submitted that the matter needs urgent examination but the AIIMS has given a date of 2024.
On this, the bench had expressed its displeasure and asked, "Where is the diagnosis and treatment? He can't wait for a scan till 2024. It is an examination. It surely can't wait till 2024."
The bench said that it would consider the appeal for medical treatment. For regular bail, the petitioner may approach the trial court.
The special public prosecutor for NIA submitted that the agency is not opposing medical treatment to the petitioner. He also said that the probe in the matter is in progress.
The bench had said, "The point is the accused is seriously unwell. Eventually, we will have to consider whether AIIMS has to be directed to constitute a medical board and let this court know which is the best way possible."
( With inputs from ANI )
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