38.6c New Delhi, India, Monday, August 04, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

No doubt that UAPA charges are prima facie true, Delhi HC refuses relief for E Abubacker, ex-Chief of banned Islamist outfit PFI [Read Judgment]

By Shreya Agarwal      28 May, 2024 09:22 PM      0 Comments

NEW DELHI: The Delhi High Court today dismissed a plea by E Abubacker, former Chairman of banned Islamist organization Popular Front of India (PFI), seeking his release in the Unlawful Activities Prevention Act (UAPA) case being probed by the National Investigation Agency (NIA).

Importantly, after perusing the chargesheet, witness statements, etc. the division bench of Justices Manoj Jain and Suresh Kumar Kait held that there is "no element of uncertainty in our minds about the fact that the case of the prosecution, with respect to the commission of offences falling under Chapter-IV and Chapter-VI of UAPA, is prima facie true".

Rejecting the argument that not releasing him on medical grounds is violating his fundamental rights, the Court held that, There is nothing before us which may suggest infringement of his fundamental rights.

It added that the Trial Court has already given the requisite directions, which we also feel to be very appropriate, on his medical condition.

The Court also rejected the argument by Senior Advocate Nitya Ramakrishnan for Abubacker, that the NIA has miserably failed to demonstrate even a single proximity event connected or emanating from Abubackers alleged preparatory act and the ultimate objective of spreading terror.

The Court reasoned that PFIs goal was to establish a Caliphate by the year 2047, and said that at times, it takes years to achieve any such distant objective. 

Therefore, to say that there was no proximity between the alleged preparatory act and the ultimate objective, would not be appropriate as such kinds of activities are unrelenting, perpetual and unceasing."

Towards this end, the Court marked that "The organization had been holding terror camps, recruiting and radicalizing Muslim youths and imparting weapon-training for the purposes of commission of terrorist act across the country and, therefore, it cannot be said that there was no proximity between the two..."

Further, relying on witness statements, the Court concluded that the  objective of the weapon-training being imparted by PFI to young recruits was not with the mere idea of self-defence, but "was with the idea of overthrowing the democratically elected government to replace the Constitution of India with a Caliphate Shariya Law."

Pertinently, Delhi High Court noted that PFI's, "...planning of targeted killing of Hindu leaders and attacking the security forces and establishing a Caliphate by 2047" indicated that PFI's target was "to challenge the "unity and sovereignty of India" and not merely to "overthrow the government."

In light of all this, despite it being urged that Abubacker suffers from a multitude of diseases alongwith old age, the Delhi High Court refused to release him.

Abubacker stated that he is suffering from Parkinsons disease, small vessel ischemic disease, hypertension and diabetes, coronary artery disease, has undergone surgery for treatment of a cancer, and has severely affected cognitive ability, and, therefore, requires round-the-clock monitoring and assistance to carry out his daily activities.

However, while noting that age is undoubtedly not on his side, and stating that it understands that Parkinsons disease is a progressive disorder which gradually affects the nervous system, the Delhi High Court maintained that the 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 facilities in the country, therefore, it held that it was not inclined to interfere with the trial courts order.

Abubacker was extended all forms of medical support and assistance at AIIMS, on state expense, in the challenged trial court order, which the Delhi High Court took note of, while dismissing his appeal.

Abubacker was arrested by the anti-terror agency during a massive crackdown on the banned organisation PFI in 2022, in simultaneous raids held across India. 

He is lodged in judicial custody currently, which the trial court said would be deemed to continue even during his admission and treatment at AIIMS, which the trial court allowed.

He had approached the High Court after being refused to be released by the trial court.

In 2022, simultaneous arrests were made by the NIA in various states and Union Territories, including Kerala, Maharashtra, Karnataka, Tamil Nadu, Assam, Uttar Pradesh, Andhra Pradesh, Madhya Pradesh, Puducherry, Delhi and Rajasthan.

PFI and several of its associate organisations were subsequently banned on September 28, 2022 for five years under the anti-terror law, the UAPA.

Cause Title: Abubacker E. v National Investigation Agency

 

[Read Judgment]



Share this article:

About:

A wanderer, aspiring yogini and writer. Shreya is a lawyer by profession, journalist by passion. A g...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Pannun 'murder plot' case: Nikhil Gupta forced to eat beef, family tells Supreme Court Pannun 'murder plot' case: Nikhil Gupta forced to eat beef, family tells Supreme Court

The family of Nikhil Gupta, the man accused by the United States of conspiring to kill India-designated terrorist Gurpatwant Singh Pannun, has told the Supreme Court that Gupta has been tortured with grave fundamental rights violations. The Supreme Court has denied him immediate relief. Why? Find out here.

Remembering Pulwama: Honoring Martyrs, Vowing to Fight Terrorism: Know Facts Remembering Pulwama: Honoring Martyrs, Vowing to Fight Terrorism: Know Facts

Honoring Pulwama's martyrs on their anniversary: Know facts, reaffirm the fight against terrorism. A tribute to bravery and a vow for a safer future.

No doubt that UAPA charges are prima facie true, Delhi HC refuses relief for E Abubacker, ex-Chief of banned Islamist outfit PFI [Read Judgment] No doubt that UAPA charges are prima facie true, Delhi HC refuses relief for E Abubacker, ex-Chief of banned Islamist outfit PFI [Read Judgment]

Delhi High Court refuses to release terrorism-accused former PFI Chief E Abubacker on interim bail on 'humanitarian' grounds citing "no uncertainty" that case on him is prima facie true.

Bombay HC allows 7/11 blasts case convict to take law exam from prison, says we want more lawyers [Read Order] Bombay HC allows 7/11 blasts case convict to take law exam from prison, says we want more lawyers [Read Order]

Bombay High Court allows 7/11 blasts convict to appear for law exam from prison.

TRENDING NEWS


TOP STORIES

why-so-many-students-dying-by-suicides-sc-asks-iit-kharagpur
Trending Judiciary
Why so many students dying by suicides, SC asks IIT Kharagpur

SC asks IIT Kharagpur why students are dying by suicide; raises concern amid rising campus deaths despite new mental health guidelines.

29 July, 2025 11:51 AM
sc-takes-suo-motu-cognisance-of-dog-bite-incidents
Trending Judiciary
SC takes suo motu cognisance of dog bite incidents

Supreme Court takes suo motu cognisance of rising dog bite cases after 6-year-old girl dies of rabies; terms media report alarming and disturbing.

29 July, 2025 01:38 PM
sc-quashes-fir-against-ace-shuttler-lakshya-sen-others-for-forging-birth-certificate
Trending Judiciary
SC quashes FIR against ace Shuttler Lakshya Sen, others for forging birth certificate [Read Judgment]

SC quashes FIR against shuttler Lakshya Sen, says forgery case based on vendetta, lacked merit and abused criminal process.

29 July, 2025 04:20 PM
supreme-court-to-hear-presidential-reference-on-bill-clearance-timelines-from-august-19
Trending Judiciary
Supreme Court to Hear Presidential Reference on Bill Clearance Timelines from August 19

SC to hear Presidential Reference on timelines for Governors & President to clear Bills, from Aug 19 to Sept 10; Kerala & TN oppose maintainability.

29 July, 2025 04:43 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email