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Synopsis

The Supreme Court on Friday, September 20, issued notice on the Special Leave Petition (SLP) filed by former Popular Front of India (PFI) Chairman Abubacker E.

Abubacker is challenging the Delhi High Court's order denying him bail in a case under the Unlawful Activities (Prevention) Act (UAPA), which is being investigated by the National Investigation Agency (NIA).

A division bench of Justices MM Sundresh and Aravind Kumar has sought the National Investigating Agency's response in the instant matter.

Notably, on 28 May, the Delhi High Court denied bail to Abubacker stating, "If an ideology appears to be motivated by ill intentions and is filled with conspiracy pertaining to terrorist activities, then following such an ideology would result in punitive measures."

 "We are also not impressed with the argument of the appellant that he was merely acting in furtherance of the ideology of the organization. If such ideology smacks of Malafide and is replete with conspiracy related to terrorist acts, adhering to the same, certainly, would also be punitive,” the bench comprising Justice Suresh Kumar Kait and Justice Manoj Jain further noted.

Abubacker is accused of supervising recruitment, radicalization, and organizing terror camps, among other charges. Senior Advocate Nitya Ramakrishnan, representing Abubacker, had contended for bail on humanitarian and medical grounds, arguing lack of evidence and health concerns. 

The present case stemmed from information received by the Central Government indicating that members of the Popular Front of India (PFI) were conspiring to commit terrorist acts in various parts of India. E. Abubacker, a member of PFI's National Executive Council (NEC), was named in the FIR. Funds from PFI accounts were allegedly used in terror activities, with Abubacker as an authorized signatory for one of the accounts. The FIR accused Abubacker and others of preparing for terrorist acts, radicalizing youths, and promoting communal disharmony.

Abubacker was arrested on September 22, 2022 in the PFI raids and was sent to a 4-day NIA custody.

Last year, Supreme Court dismissed an SLP filed by PFI challenging the Central Government’s decision to impose a 5-year ban on it and its eight affiliated fronts.

PFI's SLP challenged the Unlawful Activities Prevention Act (UAPA) Tribunal presided by Justice Dinesh Kumar Sharma order from March this year which "upheld" the Central Government’s decision.

Notably on September 28, 2022, the Central Government, in the exercise of the powers conferred by Sub-section (1) of Section 3 of the Unlawful Activities (Prevention) Act, 1967 declared the Popular Front of India (PFI) and the other eight alleged affiliated fronts as ‘unlawful associations’.

The National Investigation Agency (NIA) and the Enforcement Directorate (ED) had carried out massive operations, and raids in several states to track down people involved in the outfit.

The Gazette by the Ministry of Home Affairs had put forth, “they have been pursuing a secret agenda to radicalize a particular section of the society working towards undermining the concept of democracy and show sheer disrespect towards the constitutional authority and constitutional set up of the country”

It had further stated that the PFI indulged in such unlawful activities that were prejudicial to the integrity, sovereignty, and security of the country and could potentially disturb communal harmony. 

Case Title: Abubacker E. vs. National Investigation Agency