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Rejects PFI Ex-Chief's Private Hospital Plea: Deemed Sufficient, But Second Opinion Allowed
In a balanced ruling on , the dismissed former chairman E Abubacker's plea to shift from Tihar Jail to a private multi-specialty hospital like Indraprastha Apollo for treatment. Justice Dr. Swarana Kanta Sharma emphasized that premier government facilities like are adequately equipped, rejecting complaints of rude staff as insufficient grounds for transfer. However, recognizing Abubacker's serious health issues, the court permitted a one-time escorted visit to Apollo for a second opinion.
Abubacker, arrested by the on , in a case (NIA Case No. 2/2023, RC-14/2022/NIA/DLI), faces allegations of PFI's terror funding conspiracy and indoctrination camps—leading to the group's five-year ban. Despite prior bail denials, including by the in after an evaluation, his health woes persist.
Ailing Accused: From Cancer Survivor to Breathless in Custody
Abubacker, lodged in Tihar's CJ-08/09, suffers from a cascade of conditions: Type-II diabetes mellitus, diabetic retinopathy, hypertension, benign prostate hyperplasia, coronary artery disease, idiopathic Parkinson's disease, post-operative oesophagus carcinoma (), moderate frailty, and recent lower respiratory tract infection (LRTI). Recent symptoms—persistent cough, breathlessness, weakness, fluctuating sugar and blood pressure—prompted multiple visits to DDU, Safdarjung, and hospitals since .
The timeline reveals repeated judicial scrutiny: Trial court ordered admission in ; mandated a medical board in (), leading to inpatient evaluation; a trial court rejection of private treatment; and a High Court nod for record-based second opinion, which private doctors (Apollo, Fortis) deemed inadequate without physical exam.
Petitioner's Cry: "Disastrous" Care and Humiliation at
Abubacker's counsel painted a grim picture: "disastrous" experiences with alleged humiliation—doctors suspecting feigned illness, rude ophthalmology waits, and non-cordial staff. They argued prior trial court () and directives were undermined, insisting on self-funded private care, family attendant (son Thalal Hasoon), and no Delhi Armed Police interference. Apollo's opinion? Physical exam essential for meaningful input.
NIA's Stand: Premier Care Already in Place, No Negligence Shown
NIA's countered that Abubacker receives top-tier treatment at , Safdarjung, and others—regular referrals, emergency care, no evidence of negligence or ineffective lines. Staff behavior isn't a transfer trigger; a similar plea was dismissed earlier. Liberty for second opinion was already granted and used.
Judicial Scrutiny: Precedents Prioritize State Facilities
Justice Sharma aligned with the trial court's order, which dismissed "hostile atmosphere" claims absent treatment lapses, opting instead to sensitize staff. Echoing () and prior High Court directives, the bench held —a "premier medical institution"—fully capable. No precedents were freshly cited, but the ruling reinforces 's right to life/health for prisoners, balanced against security in probes. PTI reports note PFI's ISIS links, underscoring case gravity.
“, 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.”
“This Court finds no merit in the said prayer. This is all the more so in the absence of any material on record to show any deficiency or inadequacy in the medical treatment being provided to the petitioner.”
“Even though the petitioner is an accused, he is suffering from multiple serious medical ailments and is entitled to appropriate medical evaluation.”
One Visit, No Shift: Court's Pragmatic Directives
The petition was disposed with clear orders: - Second Opinion Granted : Produce Abubacker next week at Apollo's Endocrinology/Neurology for exam; report to jail//family; son permitted as attendant. - Treatment Stays Public : Continues exclusively at /government hospitals. - Family Access : Prompt emergency alerts; son attends hospitalizations. - No Merit on Core Plea : Private shift denied; no opinion on case merits.
This ensures health rights without compromising custody, potentially guiding future undertrial medical pleas—prioritizing evidence of care gaps over behavioral gripes. As other reports highlight, it follows 's efficacy mandate for Tihar treatment.
The ruling () underscores judicial vigilance in prisoner welfare amid terror probes.
