PFI Aimed To Establish Islamic Law In India Overthrowing Constitutional System Of Govt By Raising Army Of Jihadists: Delhi HC While Denying Bail To Abubacker E.

The Delhi High Court on Tuesday denied bail to former Popular Front of India (PFI) Chairman Abubacker E., who sought his release in the Unlawful Activities Prevention Act (UAPA) case being investigated by the NIA. He was seeking Bail on the merits as well as medical grounds.

Abubacker, who is currently lodged in jail, was arrested on September 22, 2022, and a chargesheet was filed before the Trial Court on March 18, 2023.

The Division Bench of Justice Suresh Kumar Kait and Justice Manoj Jain said, "During the course of investigation, plentiful of evidence was collected which suggested that PFI was acting through its NEC members including appellant Abubacker E., and they had conspired and covertly aimed to establish Islamic/Shariah Law in India by or before the year 2047 by overthrowing the democratic and constitutional system of government by raising an army of jihadists, who would lead the armed struggle for establishing Caliphate in India." 

The Court noted that to achieve the said objective, the following steps were being taken by the PFI:

(i) Using social and political activities of PFI and its frontal organizations to attract large number of Muslim youths.

(ii) Inciting enmity and hatred against the Hindus by propaganda of Islam in danger in India and atrocities being committed against the Muslims by Hindus and Hindu organizations.

(iii) Identifying Muslim youth gullible to such propaganda and radicalizing them for participating in Jihad.

(iv) organizing terrorist camps where arms training was imparted for commission of violent and terrorist acts. 

(v) Raising funds and disbursing them for terrorist activities and for procurement of weapons.

(vi) Creating „Hit Squads‟ by recruitment of radicalized Muslim youth to eliminate Hindu leaders and to create an army.

(vii) Inciting its members to join ISIS and implement ISIS tactics for establishment of Caliphate in India.

"Investigation also revealed that YouTube videos downloaded from official account of PFI, the accused persons, who were NEC members of the PFI, could be seen addressing large gatherings of people and provoking them against Indian Government and instigating the crowd towards violence against the persons belonging to a particular religious or political group," the Bench noted. 

The Court further noted that Abubacker and the other accused were involved in radicalizing and recruitment of innocent Muslim youths with objective to form PFI Army and planning to attack and kill targeted persons and to overthrow the democratically elected Government of India and to establish Islamic Caliphate by 2047. "Such acts were intended to wage war against Government of India and to create communal disharmony in the society and disrupting the sovereignty and integrity of India," the Court remarked. 

Highlighting PFI's purported activities, the Court noted the organization's alleged involvement in holding terror camps, recruiting and radicalizing Muslim youths, and providing weapon training for potential terrorist acts nationwide. This nexus between PFI's objectives and its training activities, particularly as indicated by witness statements, led the Court to conclude that the goal was to replace India's democratic system with Sharia law under a Caliphate.

"Appellant was also integral part of conspiracy and was closely supervising the entire mechanism of recruitment, radicalization, organizing terror camps in the garb of physical fitness/yoga classes and imparting weapon-training," the Court said. 

On the plea for release on medical grounds, the Court noted that Abubacker is in his seventies and is suffering from Parkinson's disease and underwent surgery for treatment of his cancer, however, he is no longer suffering from any kind of malignancy. "As per the report received from Medical Officer Incharge, Central Jail Dispensary, he was, though, referred to AIIMS Hospital for admission, he did not choose to go there," the Court noted.  

The Court said, "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 Division Bench stated that there isn't any compelling reason to release him on the basis of his medical condition either. "Needless to supplement, in case his medical condition further deteriorates or gets worsened, Jail Superintendent would immediately rush him to AIIMS, without seeking any formal direction from the Court," it added. 

The Court concluded, "The allegations and averments appearing in charge-sheet coupled with the statements made by the witnesses, including the protected witnesses, the tone and tenor of the speeches made by the appellant, the fact that appellant was earlier closely associated with SIMI and when it was banned, he switched to PFI; the manner in which he has been sanctioning amount from PFI bank account and the overall impact of the material so collected by the investigating agency; leave 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."

The Bench clarified, "Nothing expressed hereinabove shall tantamount to final expression on the merits of the case. Learned Trial Court shall not feel prejudiced to the above observations which have, primarily, been given while considering a bail plea. We expect the learned Trial Court to adjudicate on charges without getting swayed by what has been stated above." Accordingly, the Court dismissed the Appeal.

Pertinently, the Central government imposed a ban on PFI and its affiliates on September 28, 2022, under the Unlawful Activities (Prevention) Act (UAPA), citing alleged links with global terror groups like ISIS. The Gazette notification issued by the Additional Secretary of the Ministry of Home Affairs 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 affiliate groups of the PFI.

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 notification issued by the Central Government declaring the PFI and eight of its affiliate organizations as an "unlawful association" under Section 3 of the Unlawful Activities (Prevention) Act, 1967 (UAPA).

Cause Title: Abubacker E. v. National Investigation Agency [Neutral Citation: 2024: DHC : 4415-DB]

Appearance:-

Appellant: Senior Advocate Nitya Ramakrishnan, Advocates Adit Pujari, A Nowfal, Shaikh Saipan, Aprajita Sinha, Shaurya Mittal, Mantika Vohra, Shereef KA and Arif Hussain

Respondent: Special Public Prosecutor Rahul Tyagi, Advocates Vikas Walia, Sangeet Sibou, Priya Rai, Jatin, Mathew M Philip, Durga Das and Harsh Sehrawat

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