Delhi HC Reserves Order On Plea By Former PFI Chief E Abubacker For Release In UAPA Case

Abubacker, who was arrested by the agency during a massive crackdown on the banned organisation in 2022 and is currently in judicial custody, sought bail on merits as well as medical grounds.

"Heard. Reserved for judgement," said a bench of justices Suresh Kumar Kait and Manoj Jain after the counsel appearing for Abubacker and the National Investigation Agency (NIA) concluded their submissions.

According to the NIA, the PFI, its officer bearers and members hatched a criminal conspiracy to raise funds for committing acts of terror in various parts of the country and were conducting training camps to indoctrinate and train their cadre for this purpose.

The counsel appearing for Abubacker contended that there was no material to sustain the NIA's case against him under anti-terror law Unlawful Activities (Prevention) Act (UAPA).

He also said the accused was over 70 years of age and a cancer survivor who was battling Parkinson's disease. Abubacker made several visits to AIIMS during custody, his counsel said.

The NIA's counsel opposed the plea, saying there was material available to show that the camps were being organised to train cadre to carry out illegal activities.

He said there were several cases against Abubacker and, if released, nobody would depose against him.

The court was also told that the accused was receiving treatment in jail and there was no occasion to release him on account of his alleged ill health.

A large number of alleged PFI activists were detained or arrested in several states during the crackdown in 2022. 

It preceded the nationwide ban imposed by the government on the organisation and its associate outfits on September 28, 2022 under the UAPA, accusing them of having "links" with global terror groups such as the ISIS.

In the near-simultaneous raids as part of a multi-agency operation spearheaded by the NIA, PFI activists were detained or arrested in 11 states and Union Territories for allegedly supporting terror activities in the country. Abubacker was arrested on September 22, 2022.

The raids were conducted in Kerala, Maharashtra, Karnataka, Tamil Nadu, Assam, Uttar Pradesh, Andhra Pradesh, Madhya Pradesh, Puducherry, Delhi and Rajasthan.

In February, the high court had directed the medical superintendent of the Tihar Jail to ensure "efficacious" treatment to Abubacker for his aliments on a regular basis.

It had also refused to send him to house arrest and said he would be admitted to a hospital for treatment, if required.