The Delhi High Court denied bail to Abubacker E., the former Chairman of the Popular Front of India (PFI), in a case under the Unlawful Activities (Prevention) Act (UAPA) being investigated by the National Investigation Agency (NIA).
NEW DELHI: On May 28th: The Delhi High Court recently denied bail to Abubacker E., the former Chairman of the Popular Front of India (PFI), in a case under the Unlawful Activities (Prevention) Act (UAPA) being investigated by the National Investigation Agency (NIA).
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Abubacker sought bail on both merit and medical grounds. He was arrested on September 22, 2022, with a chargesheet filed on March 18, 2023.
The Division Bench of Justice Suresh Kumar Kait and Justice Manoj Jain stated,
“The investigation gathered substantial evidence indicating that PFI, through its NEC members including the appellant Abubacker E., conspired and covertly aimed to establish Islamic/Shariah Law in India by 2047. This goal involved overthrowing the democratic and constitutional government by raising an army of jihadists to lead an armed struggle for establishing a Caliphate in India.”
The court highlighted substantial evidence collected during the investigation indicating that PFI, through its National Executive Council (NEC) members, including Abubacker, conspired to establish Islamic/Shariah law in India by 2047.
The alleged plan involved overthrowing the democratic system by raising an army of jihadists to lead an armed struggle for establishing a Caliphate.
To achieve this, the PFI reportedly took several steps:
- PFI and its front organizations attracted numerous Muslim youths through various activities.
- Propaganda claimed that Islam was in danger in India, fueling hatred against Hindus.
- Identified Muslim youths were radicalized to participate in Jihad
- Camps provided arms training for violent and terrorist acts.
- Funds were raised and disbursed for terrorist activities and weapon procurement.
- Recruitment of radicalized youths to eliminate Hindu leaders and create an armed force.
- Members were encouraged to join ISIS and employ its tactics in India.
The investigation also uncovered YouTube videos from PFI’s official account, showing NEC members, including the accused, addressing large gatherings and inciting them against the Indian Government, provoking the crowd towards violence against specific religious or political groups, the Bench noted.
The Court further observed that Abubacker and the other accused were engaged in radicalizing and recruiting innocent Muslim youths with the goal of forming a PFI Army. Their plan included attacking and killing targeted individuals, overthrowing the democratically elected Government of India, and establishing an Islamic Caliphate by 2047.
“These acts were intended to wage war against the Government of India, create communal disharmony, and disrupt the sovereignty and integrity of India,” the Court remarked.
Additionally, YouTube videos from PFI’s official account showed NEC members, including Abubacker, inciting violence against the Indian Government and particular religious or political groups.
Regarding Abubacker’s plea for release on medical grounds, the court acknowledged his advanced age and health issues, including Parkinson’s disease and a history of cancer surgery. However, it was noted that he is no longer suffering from malignancy.
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Despite being referred to AIIMS Hospital for admission, Abubacker chose not to go. The court emphasized that adequate medical care instructions had been given by the trial court and that Abubacker’s reluctance to seek treatment at AIIMS was self-imposed.
Regarding the plea for release on medical grounds, the Court acknowledged that Abubacker, in his seventies, suffers from Parkinson’s disease and has undergone surgery for cancer, though he no longer has any malignancy.
The Court noted,
“According to the report from the Medical Officer Incharge, Central Jail Dispensary, while he was referred to AIIMS Hospital for admission, he chose not to go there.”
The Court added,
“We understand that Parkinson’s disease is a progressive disorder affecting the nervous system, but adequate directions have already been provided by the Trial Court, and as per the jail report, the appellant himself is not interested in being admitted to AIIMS, New Delhi. Needless to say, AIIMS is one of the best and most sought-after medical facilities in the country.”
The Division Bench found no compelling reason to release him based on his medical condition. “Furthermore, should his medical condition deteriorate or worsen, the Jail Superintendent is instructed to immediately rush him to AIIMS without requiring any formal direction from the Court,” it added.
The Court concluded,
“The allegations and statements in the charge sheet, supported by witness testimonies, the nature of the appellant’s speeches, his previous association with SIMI before switching to PFI when SIMI was banned, his financial activities with PFI bank accounts, and the overall evidence collected by the investigating agency leave no doubt in our minds that the prosecution’s case, regarding the offences under Chapter-IV and Chapter-VI of UAPA, is prima facie true.”
The Bench clarified,
“Nothing stated here should be seen as a final judgment on the case’s merits. The Trial Court should not feel influenced by these observations, which are primarily made in the context of the bail plea. We expect the Trial Court to adjudicate on charges independently.”
The Court dismissed the appeal. Notably, on September 28, 2022, the Central Government banned PFI and its affiliates under the Unlawful Activities (Prevention) Act (UAPA), citing alleged links with global terror groups like ISIS.
The Gazette notification from the Ministry of Home Affairs also banned Rehab India Foundation (RIF), Campus Front of India (CFI), All India Imams Council (AIIC), National Confederation of Human Rights Organization (NCHRO), National Women’s Front, Junior Front, Empower India Foundation, and Rehab Foundation, Kerala, as PFI affiliates.
On November 6, 2023, the Apex Court declined to intervene in the Special Leave Petition (SLP) filed by the Popular Front of India (PFI), which challenged the Central Government’s notification declaring PFI and eight of its affiliate organizations as an “unlawful association” under Section 3 of the Unlawful Activities (Prevention) Act, 1967 (UAPA).
The court concluded that the prosecution’s case under Chapter IV and Chapter VI of UAPA was prima facie true, citing witness statements and substantial evidence of PFI’s activities.
The court stated,
“The allegations and averments appearing in the charge-sheet, coupled with the statements made by witnesses, including protected witnesses, and the appellant’s previous association with SIMI, leave no element of uncertainty about the prosecution’s case.”
The court dismissed the appeal, clarifying that its observations should not influence the trial court’s final judgment on the charges.
The Central Government banned PFI and its affiliates on September 28, 2022, under UAPA, citing links with global terror groups like ISIS. The Apex Court recently declined to intervene in the Special Leave Petition filed by PFI challenging this ban.
