Delhi HC allows PFI's Abubacker second opinion at Apollo, treatment at AIIMS

The Delhi High Court ordered that PFI Chairman E Abubacker's medical treatment continue at AIIMS but permitted a second opinion from Apollo Hospital for his cancer and Parkinson's, disposing of his plea for transfer to a private hospital.

The Delhi High Court has ordered that the medical treatment of Popular Front of India (PFI) Chairman E Abubacker shall continue at the All India Institute of Medical Sciences (AIIMS) itself, while directing that he be taken to Apollo Hospital for a second medical opinion. Abubacker has sought medical treatment for cancer and Parkinson's in a private hospital of his choice.

Court's Directive on Treatment and Second Opinion

Justice Swarana Kanta Sharma disposed of Abubacker's petition seeking transfer to a private hospital of his choice, saying that even though he is an accused, he is suffering from multiple serious medical ailments and is entitled to appropriate medical evaluation. "Accordingly, in the interest of justice, it is directed that the petitioner be produced, on one specified date, in the next week, before the concerned doctors of the Endocrinology and Neurology Departments at Apollo Hospital for the limited purpose of obtaining a second medical opinion," Justice Sharma said in her judgment dated March 28.

The court clarified that the Apollo Hospital report shall be placed before the treating doctors at AIIMS, who will consider it for further treatment and management of the petitioner. "It is however clarified that the petitioner's treatment shall continue at AIIMS only," Justice Sharma said.

The High Court directed that a copy of the medical report shall be handed over to the jail authorities as well as to the family of the petitioner. Abubacker's son, Thalal Hasoon, shall be permitted to remain present during the medical examination at Apollo Hospital.

The court further directed that Abubacker shall continue to receive all necessary medical treatment, as and when required, without delay, through the jail authorities and the concerned government hospitals.

Background and Legal Arguments

On March 25, the bench had reserved its order on the plea moved by Abubacker seeking treatment in a private hospital at his own expense. He was arrested in 2022 during a nationwide crackdown on PFI functionaries after the Central Government declared the outfit a banned organisation. He is currently lodged in jail in connection with an alleged terror case registered by the National Investigation Agency (NIA).

Senior advocate appearing for Abubacker argued that his client had lost faith in AIIMS and sought permission for treatment at a private hospital. He subsequently submitted that Abubacker be at least permitted to visit Apollo Hospital for a second opinion in person.

Special Public Prosecutor Rahul Tyagi, along with advocate Amit Rohila, opposed the petition, submitting that Abubacker's earlier pleas had been rejected and that the Supreme Court had also ordered that all treatment be provided at AIIMS only. They also pointed out concerns over sending him for treatment at a private hospital, given his status as a PFI leader.

During the hearing, the bench asked senior counsel for Abubacker whether treatment could be provided at AIIMS, Safdarjung Hospital, or Sir Ganga Ram Hospital. When senior counsel responded that all these were Government of India hospitals, Justice Sharma remarked, "We are also Indians."

Details of the Petition

The court had issued notice to the NIA on March 13 and called for his medical records. Abubacker's petition, filed through advocate Abdul Shukoor, had sought permission for treatment at Apollo or any other private hospital of his choice at his own cost.

It had also sought permission for one family member to act as an attendant, given that he is not in a position to manage on his own, and had sought a direction that the Delhi Armed Police (DAP) not intervene in the treatment process.

Allegations Against AIIMS

The petition had alleged that despite judicial intervention, his experiences at AIIMS had been "disastrous" and that he was humiliated by doctors who accused him of faking illness to gain release, commenting, "Prisoners after filing bail application before Courts, immediately jump into hospitalisation and trying to mock the authority".

The plea stated that such conduct directly violates medical ethics and principles of humane treatment, as physicians have an elevated responsibility not to subject patients to cruelty or prejudice based on their legal status.

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