The Supreme Court denied bail to PFI leader AS Ismail in a UAPA case on medical grounds but sought a report on providing physiotherapy in jail. The case will be reviewed again on June 27, 2025.
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In one landmark judgment, on June 26, 2025, the Supreme Court refused to grant interim bail on medical grounds to PFI leader AS Ismail, presently in judicial custody under NIA charges under the UAPA, 1967. Nonetheless, the court expressed concern about his medical treatment in prison and directed the jail authorities to inform them as to how physiotherapy facilities were being provided.
Supreme Court’s Observation and Order
In the case of AS Ismail v. National Investigation Agency, the Supreme Court bench of Justice KV Viswanathan and Justice Nongmeikapam Kotiswar Singh heard the petition filed by AS Ismail seeking interim bail on medical grounds. After considering the AIIMS medical report dated March 15, 2025, the bench held that Ismail's condition did not require emergency bail but observed that medical treatment including physiotherapy should not be neglected.
Additional Solicitor General Archana Pathak Dave was directed to take instructions in this regard and file a report before the Court on or before June 27, 2025.
Medical Background of AS Ismail
Reportedly, AS Ismail suffered a stroke in October 2024 and was treated in various hospitals to date. A Medical Board constituted at AIIMS opined that he had improved in his health but still required regular physiotherapy and blood pressure monitoring.
As per the medical report:
- Ismail is no more confounded to a wheelchair.
- He can walk, but just with assistance.
- His condition has improved, with only minimal facial asymmetry remaining.
However, during the Supreme Court hearing, Ismail's counsel contended that physiotherapy is no longer being administered to Ismail in prison, which would potentially impair his recovery.
Previous Court Proceedings
The present appeal Petition for Special Leave to arose from the Delhi High Court's rejection of Ismail's earlier petition. On December 13, 2024, interim bail application on medical grounds was dismissed by the trial court, which, in turn, was affirmed by the Delhi High Court.
The High Court decided that Ismail was getting proper medical care while he was imprisoned, citing the report of the AIIMS Medical Board. It further directed that:
- The jail authorities shall ensure the administration of physiotherapy to Ismail on a regular basis and also monitor his blood pressure.
- He must be taken to AIIMS once a month for routine monitoring and follow-up care.
Allegations by NIA
Ismail, arrested on September 22, 2022, underwent formal accusation by the National Investigation Agency under UAPA. The NIA alleges that:
- It was the conspiracy of Ismail to motivate the Muslim youth to rebel against the Government of India.
- He had the intent to establish Islamic rule in India.
- These acts were to disrupt national sovereignty and integrity.
These form the basis for his prolonged incarceration and denial of bail.
The Supreme Court's decision asserts that the judiciary is very cautious in dealing with cases under UAPA, especially those where national security is concerned. While denying bail, however, the Court emphasized that an accused has a constitutional right to adequate medical care while in custody.
The matter will now be reopened on June 27, 2025, for an arrangement that may afford Tihar Jail No. 1 to provide physiotherapy facilities to Ismail from Tihar Jail No. 3. This decides an important precedent on how medical needs of undertrials, especially in high-profile cases, would be dealt with in the prison system.
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