Supreme Court denies medical bail to PFI leader AS Ismail in UAPA case, cites AIIMS report improvement.
Case in NewsSupreme Court Refuses Bail In UAPA CASE to PFI leader AS Ismail despite medical grounds plea. |
Case Overview
Case Name – AS Ismail v. National Investigation Agency (Special Leave to Appeal (Crl.) No(s). 9327/2025)
On June 25, 2025 the Supreme Court bench comprising Justice KV Viswanathan and Justice N . Kotiswar Singh declined medical bail to Popular Front of India (PFI) leader AS Ismail, arrested under the Unlawful Activities (Prevention) Act, 1967 (UAPA) . Although bail was refused, the Court issued notice to explore whether physiotherapy services from Tihar Jail No. 3 could be made available to Ismail in Jail No. 1, where he is currently lodged .
Key Aspects
The key aspects of the case are as under –
- Ismail arrested under UAPA for alleged conspiracy to radicalise youth and disrupt sovereignty .
- Suffered stroke in October 2024; now needs physiotherapy and BP monitoring .
- AIIMS report (15.03.2025) showed improvement; no longer wheelchair-bound .
- Delhi High Court earlier rejected medical bail citing adequate treatment in prison .
- Petitioner alleged lack of continued physiotherapy in present jail facility .
Legal Insights
The legal insights relating to the case are as under –
- Section 43D(5), UAPA, 1967 – Bail not to be granted if court finds reasonable grounds of guilt prima facie.
- Article 21, Constitution of India – Right to life includes right to health and medical care while in custody .
- Article 136, Constitution of India – Special Leave Jurisdiction invoked for limited intervention via notice .
- Delhi High Court had relied on AIIMS medical board findings to deny interim bail .
- SC balanced national security concerns with humane treatment obligations under custodial care .
Court’s Verdict
The Supreme Court refused medical bail to PFI leader AS Ismail under the UAPA citing no emergency medical condition . However, the Court issued notice to ensure access to physiotherapy in Tihar Jail No. 1, and posted the matter for further hearing on June 27, 2025 .
Source- Supreme Court of India
Read also – Article 21 of Indian Constitution
