Thread by @LawBeatInd

#DelhiHighcourt to hear plea by Former #PFI Chairman E.Abubacker seeking interim bail for getting proper medical treatment.
Earlier, court sought a status report be filed with the opinion & treatment required from the Medical Superintendent of the Tihar Jail.

Counsel appearing for Abubacker submits that he is seeking a medical bail. It's a serious case of cancer and Parkinson. It is very serious, he cannot do anything in Parkinson.

Justice Siddharth Mridul: We have a medical report by the board constituted by the Court.

Justice Mridul: Why don't you argue the appeal and argue that what is wrong in this order denying bail.

Counsel for Abubacker: Milords, all of them has said that it is serious. There is no Denial that the accused has serious medical issues.

Justice Mridul: Assuming we were to release the gentleman, then where would he go. You are an accused. You can't be treated at home

Counsel: Milords I cannot speak properly, I cannot walk properly.
He submitted that he would go to Kerala.
#UAPA

Justice Mridul: You want to go to Kerala, why not All India Institute of Medical Science?

#UAPA

Counsel relied on the Bombay High Court, Varavara Rao Judgment. He submitted that This patient has more ailments than Varavara Rao, he has Cancer.

Justice Mridul: In this case, what is the statement of law? He was already on bail and his bail was extended, how is that related to your case.

Counsel: Your Lordships please put it for Monday, I'll come with proper note.

#UAPA

Justice Mridul: You want to be treated, we are committed to provided you best medical treatment.
If it comes to regular bail or medical bail you'll have to satisfy on law.
#UAPA
#PFI

Justice Mridul: You can't do it in this manner, you must be prepared with case. The court is willing to hear you, now you cannot say that I want time to prepare.
#PFI #UAPA

Counsel: Milords, I'm not pressing for regular bail, I just seek interim bail on medical ground.

Counsel: Milords, this person has serious medical condition. Even he cannot go for his day to day affairs.

Justice Mridul: The impugned order says that he has to be taken to AIIMS all things are to be taken care of there.
#PFI #UAPA

Counsel: He was taken to #AIIMS but in Parkinson he cannot understand anything there has to be some family member who can help and the same was not allowed.
#PFI #UAPA

Justice Mridul: We'll make sure that when his treatment is going on, his son remains there.

Counsel: Milords, he was not allowed. This is not at all happening.

Justice Mridul: When we'll say, then it'll happen.
#PFI #UAPA

Counsel: Only giving treatment will not suffice, he needs someone to help him.

Justice Mridul: Whatever is the requirement, the Doctor will make sure.

Counsel: Milords, I'll stay wherever NIA or your Lordships ask me to. He cannot even do his daily business.

#PFI #UAPA

Justice Mridul: Where is the statement of law in the Varavara Rao judgment?

Counsel requests the bench to consider hearing his colleague now.
#PFI #UAPA

Justice Mridul: You are passing the baton, can we maintain some decorum in the Court. If you are not prepared then we'll give you time, but it cannot happen like this. You have taken our one hour time.
We don't appreciate the manner in which you are dealing with this case.
#UAPA

The bench has adjourned the matter for January 12, 2023.
#UAPA #PFI