The Delhi High Court has rejected the plea for interim bail filed by A.S. Ismail, a leader of the Popular Front of India (PFI), who is currently in judicial custody under charges framed by the National Investigation Agency (NIA) under the Unlawful Activities (Prevention) Act, 1967. The decision was based on medical reports indicating considerable improvement in Ismail’s health, thereby negating the necessity for bail on medical grounds.
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A division bench of Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar delivered the order while hearing an appeal challenging the trial court's decision dated December 13, 2023, which had earlier dismissed his interim bail plea.
The Court considered the comprehensive medical evaluation of Ismail, which was conducted by a board at the All India Institute of Medical Sciences (AIIMS). The board found that Ismail’s condition had improved to the extent that he could walk with support and was no longer confined to a wheelchair. Although he continued to show some mild facial asymmetry, the report noted a significant recovery in his right-side weakness.
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“The Medical Board report shows that the Appellant is now capable of walking with assistance and is not wheelchair-bound anymore,” the Court observed.
The bench further acknowledged that Ismail was undergoing regular physiotherapy and was under consistent medical supervision inside the jail. The treatment, according to the Court, was adequate and being carried out in line with medical recommendations.
“Material on record indicates that the Appellant is being given proper treatment and he is showing improvement even while he is in incarceration,” the order stated.
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In its opposition to the bail request, the NIA submitted that Ismail was an active participant in efforts to radicalize Muslim youth, encouraging them to act against the Indian government and its constitutional framework. The agency also claimed that Ismail played a role in disturbing communal harmony and threatening the sovereignty of the country.
The Court did not ignore the gravity of these allegations. It acknowledged that charges had already been framed against Ismail and that the NIA’s claims were backed by substantial evidence. The trial court had recorded similar findings while rejecting his bail plea.
“Charges have been framed against the Appellant. The State has opposed interim bail citing serious allegations and presence of direct evidence,” the Court noted.
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While denying interim relief, the bench gave specific directions to the jail authorities to ensure Ismail’s continued medical care. This includes mandatory monthly visits to AIIMS and adherence to prescribed treatment protocols.
“The Appellant shall be taken to AIIMS once every month to monitor his medical condition and the prescribed treatment must be continued,” the Court directed.
The Court finally concluded that the medical condition of the accused had improved sufficiently and that his treatment in custody was adequate. Hence, there was no urgent medical reason to release him on interim bail.
Case Title: A. S. ISMAIL v. NIA
