New Delhi, Jan 12 (SocialNews.XYZ) Popular Front of India's (PFI) former Chairman Erappungal Abubacker deserves bail as per the Prevention of Money Laundering Act's (PMLA) Section 45, which states that a person who is sick/infirm is liable to be granted bail while considering twin conditions, his lawyer contended in the Delhi High Court on Thursday.
As a division bench of Justices Siddharth Mridul and Talwant Singh was hearing an interim bail plea filed by Abubacker on medical grounds, advocate Aditya Pujari, representing Abubacker, submitted that Article 21 of the Constitution itself states the Right to Life & Dignity.
In response, the court ordered Pujari to provide a thorough statement outlining how Article 21 Constitution is being broken in this particular case.
Pujari also said despite the court's December 19, 2022 directive, Abubacker's son was not permitted to meet him, though Abubacker forgets and is unable to take his drugs on time.
He claimed that Abubacker's son was sent back from jail without ever meeting his father, even in December.
Additionally, he said that the Parkinson's aspect had not been covered and a vital component of treating cancer is maintaining a healthy diet. He stated that bail had already been granted to others.
The bench questioned Pujari to identify any other defendants who had been granted bail in the similar case. "Please tell us. We should know what you are urging, we will be the ones passing the orders," the bench said.
Special Public Prosecutor Akshai Malik, appearing for the National Investigation Agency (NIA), said that Abubacker has been provided a jail sevadar and was receiving the greatest care possible.
Moreover, he also submitted that a direction has been given by the trial court to take a regular follow-up on his medical treatment.
The court listed the matter for next hearing on February 1.
On January 6, the bench had questioned Abubacker's lawyer, asking him to explain why his client would travel to Kerala when he could receive treatment at the All India Institute of Medical Sciences.
The court had said: "You want to be treated, we are committed to providing you best medical treatment. He cannot be treated at home."
The bench had also said that they will make sure that when his treatment is going on, his son remains there.
Abubacker was arrested by the NIA on September 22 and charged under provisions of the Unlawful Activities Prevention Act (UAPA). He has been in judicial custody since October 6. He was active in organisations like the Ideal Students League, Jamaat-e-Islami, and Students Islamic Movement of India (SIMI).
According to Abubacker, he is suffering from multiple ailments, including a rare type of oesophagus cancer, Parkinson's disease, hypertension, diabetes, and loss of vision.