Supreme Court Issues Notice On Former PFI Chairman E Abubacker's Plea For Bail In UAPA Case

The Supreme Court today issued a notice in a special leave petition filed by E Abubacker, former chairman of Popular Front of India (PFI), against the May 28 order of the Delhi High Court dismissing the bail application in the Unlawful Activities (Prevention) Act, 1967 case investigated by the National Investigation Agency.

The Bench of Justice MM Sundresh and Justice Aravind Kumar, which considered the matter, orally observed that the allegations were serious and that they would only consider the question of bail on medical grounds.

A division bench comprising Justice Suresh Kumar Kait and Justice Manoj Jain of the High Court dismissed the appeal moved by Abubacker who sought bail on the merits as well as medical grounds.

Abubacker is presently in judicial custody in the case. He was arrested by the agency during a massive crackdown on the banned organisation in 2022.

The court observed the material collected by the investigating agency showed that there is prima facie commission of offences falling under Chapter-IV and Chapter-VI of UAPA and such material cannot be disregarded at the preliminary stage. It added that though PFI has been declared to be an unlawful association and not a terrorist organisation the activities of such unlawful association need to be cautiously fathomed and weighed up.

The bench further observed that the witnesses' statements showed that the objective of the alleged weapon-training by PFI was with the idea of overthrowing the democratically elected government to replace the Constitution of India with a Caliphate Shariya Law.

It further said that Abubacker's incarceration was less than two years, and the case is on the verge of ascertainment of charges and there was nothing to indicate infringement of his fundamental rights.

“We do understand that Parkinson‟ 's disease is a progressive disorder which gradually affects the nervous system but fact remains that adequate directions have already been given by the learned Trial Court in the impugned order and as per jail report, appellant, himself, is not interested in getting admitted in AIIMS, New Delhi. Needless to emphasize, AIIMS is one of the best and most sought-after medical facility in the country,” the court said.

Dismissing the appeal, the bench said that it is expected that the Trial Court will adjudicate on charges without getting swayed by the observations.

Last year, Abubacker was permitted to withdraw his appeal challenging the order of the trial court rejecting his application seeking bail on medical grounds. He was then granted liberty to approach the trial court seeking appropriate relief in view of the fact that the chargesheet was filed by NIA.

Earlier, the court had directed the Medical Superintendent of Tihar Jail to ensure that efficacious medical treatment is provided to Abubacker regularly. However, it had refused to entertain Abubacker's prayer seeking his transfer to house arrest from Tihar Jail on account of his health condition.

Abubacker is suffering from multiple ailments including a rare type of oesophagus cancer, Parkinson's disease, along with hypertension, diabetes and loss of vision, his appeal before the court states.

The FIR alleges that various PFI members were conspiring and collecting funds from India and abroad for committing terrorist acts in multiple states. It also alleges that the PFI members are involved in radicalizing and recruiting Muslim youth for proscribed organisations like ISIS.

The FIR was registered under section 120B and 153A of the Indian Penal Code, 1860 and sections 17, 18, 18B, 20, 22B 38 and 39 of the UAPA.

Case details: ABUBACKER E. D.KUMANAN v. NATIONAL INVESTIGATION AGENCY, Diary No. 32949-2024