Former PFI chairman trying to derail investigation: NIA to Delhi HC

New Delhi [India], January 12 : While opposing the bail plea of former Popular Front of India (PFI) chairman E Abubacker on medical grounds, National Investigation Agency (NIA) submitted in the Delhi High Court that an investigation is pending against him and he is trying to derail the process by filing an application before the trial and high court at the same time.
On the other hand, Counsel appearing for Abubacker submitted that his fundamental right to life under Article 21 of the Constitution of India is being violated.
The special bench comprising justices Sidharth Mridul and Talwant Singh asked advocate Adit S Pujari to file an affidavit on how the right to life of the petitioner is being violated by the incarceration in the matter.
The court has listed the matter on February 1 for further hearing. E Abubacker has challenged the trial court order denying him bail on medical grounds.
During the hearing, the counsel of NIA submitted that the investigation is pending against the petitioner. The time for investigation has been extended by the court. He is trying to derail the investigation by fuking parallel applications.
It was also submitted that the petitioner want to go to Kerala on the grounds of some ailment. This entire exercise is to derail the investigation and influence the witnesses.
On the other hand, advocate Adit S Pujari, counsel for Abubacker, submitted that the petitioner's right to life and liberty under Article 21 of the Constitution is being violated.
It also includes the right to health and life with dignity, Pujari submitted and said that the petitioner is unable to clean himself because of his poor health due to cancer and Parkinson's disease.
He has fallen in the toilet on two occasions. When he was taken to AIIMS, his son was not permitted to meet him. It was said that he did not have a certified copy of the court order.
The counsel for NIA opposed the submission and contended the petitioner has been provided with a sevadar in jail. Their entire attempt is to derail the investigation by filing parallel pleas before the trial as well as the High Court.
Petitioner's counsel submitted that he did not want to burden the high court by filing an application under section 482.
The court may consider the question of violation of Article 21 in Abubacker's case especially in view of his incarceration even when he is unable to fend for himself, his Counsel submitted.
Advocate Pujari also submitted that health reports suggest that scans have to be done regularly.
He further submitted that the judgement of the Supreme Court in K A Najeeb applies in the present matter.
Justice Mridul remarked, "This is not a seminar. This is serious business. Show us how your fundamental rights are violated by your detention. Not semantics actually. In Najeeb's case, the entire thrust is expeditious trial is an integral part of the judicial process. And that in delay which adversely affects a person, he is entitled to bail regardless of the non-obstante clause under section 43D(5) UAPA. How do you fit? I don't understand. The investigation is ongoing. Najeeb has no applicability, it was when the trial was delayed."
The High court on December 19 refused to send the petitioner under house arrest. The court had directed authorities to take him to the AIIMS for treatment. Abu Becker has sought interim bail on medical grounds.
The bench had 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. However, the court has allowed his son to accompany him.
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.
He was arrested in September during the nationwide crackdown on the outfit. He has filed an appeal in the High court against the trial court order denying him the relief sought on medical grounds.
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.