The Indian Supreme Court has rejected the bail plea on medical grounds filed by Popular Front of India (PFI) leader AS Ismail, who is facing serious charges under the Unlawful Activities (Prevention) Act, 1967.
A bench of Justices KV Vishwanathan and Nongmeikapam Kotiswar Singh heard the plea and said that Ismail's present health condition does not warrant his release from custody.
The court said, "Though we are not considering granting bail to the petitioner on medical grounds, considering the report of the All India Institute of Medical Sciences dated 15.03.2025, we are only issuing notice to the respondent to enquire whether the physiotherapist facility, which is available in Tihar Jail-3 as per the learned counsel for the petitioner, can also be made available to the petitioner, who is presently lodged in Tihar Jail-1."
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Ismail suffered a stroke in October 2024 and was treated at several hospitals. A medical board of AIIMS confirmed that though he required regular physiotherapy and blood pressure monitoring, his condition had improved. The board reported that he is no longer wheelchair-dependent and can walk with assistance.
Despite these improvements, Ismail's counsel argued during the hearing that the jail authorities have stopped taking him for physiotherapy, due to which the bench issued notice to the jail administration.
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The Court directed that a copy of the petition be given to Additional Solicitor General Archana Pathak Dave and asked her to obtain instructions from the Tihar jail authorities regarding the availability of physiotherapy facilities. The next hearing of the case is scheduled for June 27, 2025.
Background of the case
Ismail was arrested by the National Investigation Agency (NIA) on September 22, 2022. He is accused of being part of a conspiracy to radicalise Muslim youth and disrupt national integrity by opposing the democratic system and promoting extremist ideology.
Earlier, on December 13, 2024, the trial court had rejected Ismail's interim bail plea on medical grounds. The decision was upheld by the Delhi High Court, which observed that Ismail's health had improved significantly and he was receiving proper medical treatment in custody.
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The high court had directed, "The jail authorities should ensure regular physiotherapy, constant monitoring of blood pressure and facilitate monthly visits to AIIMS for further medical check-up."
Despite repeated bail pleas citing medical conditions, courts have consistently found that Ismail was being adequately treated while in custody.
Case Title – AS Ismail v. National Investigation Agency
Case no. – Petition for Special Leave to Appeal (Crl.) No(s). 9327/2025
