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* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 25.03.2026 Judgment pronounced on: 27.03.2026 Judgment uploaded on: 28.03.2026 + W.P.(CRL) 787/2026 ABUBACKER E .....Petitioner Through: Mr. Satyakam, Mr. Rehan Ghalib Khan, Mr. Abdul Shukoor, Mr. Shereef K.A.and Mohd. Arif Hussain, Advocates pversus NATIONAL INVESTIGATION AGENCY AND ANR. .....Respondents Through: Mr. Rahul Tyagi, SPP NIA with Mr. Jatin Khatri ASPP, Mr. Vikas Walia, Mr. Amit Rohila, Advocates CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

JUDGMENT

DR. SWARANA KANTA SHARMA, J

1. By way of the present petition, the petitioner seeks issuance of an appropriate writ, order or direction in the nature of mandamus directing the respondents to shift him, at his own cost, from jail in NIA Case No. 2/2023 arising out of RC-14/2022/NIA/DLI to a well- equipped multi-specialty private hospital such as Indraprastha Apollo or any other private hospital of his choice for further treatment; to permit one family member to remain with him as an attendant in view of his stated 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.

2. Vide order dated 13.03.2026, a status report qua the medical condition of the petitioner was directed to be requisitioned from the Jail Authorities.

3. A report dated 19.03.2026, prepared by the Medical Officer In-

Charge of CJ-08/09, Tihar, has been placed before this Court.

4. The said report discloses that the petitioner, who is suffering from various serious ailments, has been under continuous treatment at various government hospitals including All India Institute of Medical Sciences, Delhi (AIIMS) and Safdarjung Hospital. It records that in early March 2026, the petitioner repeatedly complained of breathlessness, chest pain and generalized weakness, for which he was examined and referred on multiple occasions to DDU Hospital and Safdarjung Hospital, where he received treatment including emergency care, investigations and specialist consultations. He was admitted in DDU Hospital from 04.03.2026 to 07.03.2026 with diagnoses including uncontrolled diabetes and lower respiratory tract infection, and was thereafter discharged. The report further notes that despite continued symptoms, he was again referred to Safdarjung Hospital on 10.03.2026 and 13.03.2026 for further evaluation and management, where he was examined, advised investigations and treatment, but was not admitted. The report further indicates that the petitioner continues to suffer from persistent cough, breathlessness and generalized weakness, along with fluctuating blood sugar and blood pressure levels and uncontrolled hyperglycemia, despite ongoing treatment, and is presently under medication and regular follow-up in various departments of Safdarjung Hospital.

5. However, the medical status report also mentions as under:

“The inmate patient is diagnosed case of:-

1. Type-lI diabetes Mellitus

2. Moderate Non Proliferative Diabetic Retinopathy, 3. Hypertension, 4. Benign Prostate Hyperplasia, 5. Coronary artery disease, 6. Idiopathic Parkinson's disease, 7. Post-Operative case of Carcinoma Oesophagus (2020)

8. Moderate Frailty.

9. Recently diagnosed as LRTI (Lower Respiratory Tract Infection)”

6. The learned counsel appearing for the petitioner submits that the petitioner is not being properly treated at AIIMS, where he had earlier been directed to be admitted by the learned Trial Court as well as the Hon’ble Supreme Court, and therefore seeks permission to be treated at a multi-specialty private hospital of his choice at his own expense. However, the grievance of the petitioner, as put forth by the learned counsel, relates to the alleged non-cordial behaviour of the hospital staff and the petitioner’s perception that he is not being adequately attended to by the doctors at AIIMS. It is submitted that the petitioner’s experience at AIIMS has been “disastrous”, as he was allegedly