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Delhi High Court refuses plea to place former PFI chief E Abubacker under house arrest instead of jail

Abubacker, who hails from a village in Kerala’s Kozhikode, was active in organisations like the Ideal Students League, Jama’at-e-Islami and Students Islamic Movement of India (SIMI).

He 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 sought bail on medical grounds, arguing that he is a retired school teacher and a senior citizen suffering from numerous serious and rare medical ailments, one of which is a rare form of cancer called “Gastroesophageal junction adenocarcinoma”.

He is also suffering from Parkisnon’s Disease, along with hypertension, diabetes, loss of vision, nervous system etc for which he has been undergoing treatment since 2019 at specialized cancer hospitals, the plea said.

“The Petitioner stands deprived of his Fundamental Right to Life, Personal Liberty and Right to Health guaranteed under Article 21 of the Constitution of India, as per procedure established by law and is thus, compelled to approach this Hon’ble Court under Section 439 of Cr.P.C., seeking regular bail, on medical grounds,” the petition stated.

Advocate Adit S Pujari appeared for Abubacker.

The NIA was represented by Special Public Prosecutor Akshai Malik and advocate Khawar Salim.

Source: Barandbench

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