E. Abubacker, a 72-year-old retired teacher and activist, has been held in custody for over two years since his arrest on September 22, 2022, in Kozhikode. Despite his critical health needs, including Parkinson’s disease, diabetes, and a history of cancer, Abubacker has faced ongoing neglect in terms of medical treatment.
Abubacker, the former first chairman of the Popular Front of India (PFI), a founding member of the All India Muslim Personal Law Board, and a prominent leader of South Indian Muslims, was arrested under the Unlawful Activities (Prevention) Act (UAPA). His arrest, along with 40 others, was part of a nationwide crackdown on the PFI, which has since been banned as an unlawful association.
Despite a trial court’s order to admit Abubacker to AIIMS for his severe health issues, including Parkinson’s disease and cancer recovery, his medical needs have been disregarded. The court said that Abubacker should be treated with dignity even while in custody, but delays and neglect persist, exacerbating his condition.
Despite surviving surgery and chemotherapy for his cancer, which involved the removal of 80% of his abdominal and intestinal area, his digestive system is severely compromised. He requires constant medical attention and a helper for basic tasks such as personal hygiene. Abubacker has been frequently taken to hospitals like AIIMS Delhi, but even basic medical needs, such as obtaining test results and scans to monitor his cancer’s recurrence, require court intervention. His defense team argues that his condition makes continued detention unjustifiable.
The case against Abubacker has not progressed significantly, with the trial still in its early stages despite a chargesheet filed in March 2023. Legal experts argue that his continued detention, without a timely trial, violates his fundamental rights.
“Bail is a rule, and jail an exception,” the Supreme Court has previously stated. The detention of a person without trial, particularly in cases where the trial is delayed, becomes unjustifiable, experts contend.
The National Investigation Agency (NIA) has completed its investigation into the case against E Abubacker, who was arrested almost six months ago, with the charge sheet filed on March 18, 2023. The trial is currently at a stage where some documents still need to be shared with the accused. The defense argues that there are no grounds to believe the accusations are prima facie true and that there is no reason to keep Abubacker in custody during the ongoing proceedings. Citing a recent Supreme Court ruling, the defense said that under Article 21 of the Constitution, the accused has a right to a speedy trial. In the case of Javed Gulam Nabi Sheikh v. State of Maharashtra (2024), the Supreme Court granted bail to an undertrial, stating that the state should not oppose bail if it cannot ensure a timely trial, regardless of the crime’s severity.
The lack of advocacy for Abubacker from organizations such as the All India Muslim Personal Law Board has been a source of criticism. While the AIMPLB, which represents Indian Muslims, did not issue an official statement on his arrest, some individual members condemned it. Many within the community feel that the board’s silence on the matter has allowed the Modi government to continue its perceived agenda of instilling fear among Muslims.
The family, along with legal representatives and supporters, is calling for urgent intervention, highlighting that dignity, family support, and timely medical treatment are not only rights but essential for survival in Abubacker’s fragile state.
