Supreme Court Refuses Bail On Medical Grounds To PFI Leader AS Ismail In UAPA Case
The Supreme Court today declined to consider the plea for bail on medical grounds by Popular Front of India (PFI) leader AS Ismail, who is booked under the Unlawful Activities (Prevention) Act, 1967.
A bench of Justice KV Viswanathan and Justice Nongmeikapam Kotiswar Singh, however, issued notice to examine whether physiotherapy facilities available in Tihar Jail No. 3 could also be extended to Ismail, who is currently lodged in Tihar Jail No. 1.
“While we are not inclined to consider enlarging the petitioner on bail on medical grounds, considering the report of All India Institute of Medical Sciences dated 15.03.2025 (page 236 of the paper book), we are issuing notice to the respondent only to examine whether the physiotherapist facility, which according to the learned counsel for the petitioner which is available in Tihar Jail-3, could also be made available to the petitioner who is currently lodged in Tihar Jail-1”, the Court ordered.
Ismail suffered a stroke in October 2024 and was subsequently treated at various hospitals. As per the medical board, he requires intensive physiotherapy and blood pressure monitoring.
During the hearing, the bench noted that Ismail is not in an emergency medical condition. However, the counsel appearing for Ismail claimed that he is not being taken for physiotherapy anymore in prison.
The Court directed that a copy of the petition be served on Additional Solicitor General Archana Pathak Dave, who may obtain instructions on the aspect of physiotherapy facilities in the prison and inform the Court on June 27, 2025.
Background
The National Investigation Agency has alleged that Ismail was involved in a conspiracy to radicalise Muslim youth against the Indian government & leaders of organizations who do not believe in the establishment of Islamic Rule in India, and to disrupt the country’s sovereignty and integrity. He was arrested on September 22, 2022, and charges have been framed against him.
Earlier, the Delhi High Court had dismissed Ismail’s appeal against the trial court’s December 13, 2024 order rejecting his application for interim bail on medical grounds.
A Medical Board at AIIMS, constituted pursuant to the High Court’s direction, found that his condition had improved, with only mild facial asymmetry remaining. He was no longer wheelchair-bound and could walk with assistance.
The High Court noted that Ismail’s medical condition had significantly improved and held that he was being given proper treatment in jail.
The High Court had directed the jail authorities to continue Ismail’s treatment as prescribed by the doctors, including regular physiotherapy and monitoring of his blood pressure, and to take him to AIIMS once every month for further monitoring.
Case no. – Petition for Special Leave to Appeal (Crl.) No(s). 9327/2025
Case Title – AS Ismail v. National Investigation Agency
