Condition Has Improved In Jail: Delhi High Court Denies Interim Bail To PFI Leader On Medical Grounds

The Delhi High Court has denied interim bail to Popular Front of India (PFI) leader AS Ismail booked under the Unlawful Activities (Prevention) Act 1967, observing that his medical condition has significantly improved.

A division bench comprising Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar dismissed Ismail's appeal against trial court order passed on December 13 last year rejecting his plea for interim bail on medical grounds.

However, the Court directed the jail authorities to continue with Ismail's treatment as prescribed by the doctors, including regular physiotherapy and continuous monitoring of his blood pressure.

The jail authorities are also directed to take the Appellant to the AIIMS once every month to monitor his condition, the bench added.

The NIA alleged that Ismail was involved in the conspiracy of radicalizing the gullible Muslim youth by provoking them against the Indian Government & leaders of organizations who do not believe in the establishment of Islamic Rule in India.

It was also alleged that he was involved in creating communal disharmony and disrupting the sovereignty and integrity of India.

As per judicial order, a Medical Board was constituted in All India Institute of Medical Sciences (AIIMS) to ascertain the medical condition of Ismail.

Perusing his medical report, the Bench noted that his condition had significantly improved and at present, he only had mild facial asymmetry.

It further noted that his latest medical report of AIIMS suggested that his right side weakness had improved and he could walk with assistance and he was no longer wheel-chair bound.

“Charges have been framed against the Appellant. The State in its reply has opposed the grant of interim bail to the Appellant on medical grounds. The Trial Court in the impugned Order has recorded the contention of the NIA that there is a lot of direct evidence against the Appellant. Material on record indicates that the Appellant is being given proper treatment and he is showing improvement even when he is in incarceration,” the Court said.

It concluded that Ismail was being given proper treatment in jail and that his condition was not such that it will deteriorate if he was not granted interim bail.

Title: A. S. ISMAIL v. NIA

Citation: 2025 LiveLaw (Del) 563

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