Without Partition By Metes And Bounds, Co-Sharer Cannot Seek Recovery Of Possession: Supreme Court Clarifies Limits Of Order VII Rule 7 CPC Supreme Court Holds Plaintiff Entitled To Declaration Of Title Over Undivided Half Share Despite Claiming Entire Property Under Gift Deed Supreme Court Reaffirms Legality Of Remainder Of Natural Life Sentences Without Remission, Dismisses Batch Of Writ Petitions 'State Cannot Take Advantage Of Its Own Wrong': Supreme Court Holds Promotees Entitled To Count Ad Hoc Service For Seniority If Within Quota 'Elevators Are Common Carriers, Entail Heightened Duty of Care': Supreme Court Upholds NCDRC Order Holding OTIS Principally Liable For Death Due To Malfunctioning Lift Supreme Court Dismisses Compensation Claim Under Motor Vehicles Act, Holds Reach Stacker Operating in Custom-Bonded ICD Area Is Not a "Motor Vehicle" Missing ACRs Due To Illegal Termination Cannot Block Higher Judicial Pay Scales: Supreme Court Grants Relief To Rajasthan Judicial Officer Subsequent Suit Generally Transferable To Court Where Earlier Suit On Same Subject Matter Is Pending: Allahabad High Court Successive Anticipatory Bail Maintainable Under BNSS If Fact Situation Changes Or Previous Findings Become Obsolete: Andhra Pradesh High Court Tenant's "Deemed Purchaser" Right Defeated By Retrospective Notification Under Section 88(1)(b) Of Tenancy Act: Bombay High Court Buyer Not Entitled To Refund Of Earnest Money Once Sale Deed Is Duly Executed Under The Agreement: Calcutta High Court Contradictory Pleas Vitiate Defence; Drawer Liable Even If Signed Blank Cheque Was Handed Over: Delhi High Court Working Mother's Relocation To Another City Not A Ground To Completely Deny Overnight Custody To Father: Karnataka High Court Civil Courts Barred From Granting Injunctions Against SARFAESI Actions Even If Partition Suit Is Maintainable: Kerala High Court S.147 NI Act Is A Special Law, Overrides S.320 CrPC; Offence Can Be Compounded At Any Stage Even After Dismissal Of Appeal: Madras High Court Appellate Court Can Allow Additional Evidence To Ensure Fair Adjudication Even If Not Produced In Trial: Madhya Pradesh High Court Police Can Freeze Bank Accounts Under Section 106 BNSS Upon Suspicion Of 'Proceeds Of Crime': Punjab & Haryana High Court

Bail Denied To PFI Leader - Delhi High Court confirms substantial evidence against Abubacker

07 May 2024 8:19 AM

By: Admin


The High Court of Delhi has dismissed the bail appeal of Abubacker E., a prominent member of the Popular Front of India (PFI), reaffirming the trial court’s decision. The bench, comprising Justices Suresh Kumar Kait and Manoj Jain, underscored the substantial evidence presented by the National Investigation Agency (NIA), including allegations of radicalizing youth, funding terrorist activities, and advocating for the overthrow of the democratic government of India to establish an Islamic Caliphate by 2047.

The court found the statements of protected witnesses and documentary evidence sufficient to establish a prima facie case against the appellant. “The materials must show the complicity of the accused in the commission of the offence,” noted the court. Witnesses detailed Abubacker’s role in radicalizing and training for jihad, managing funds for terrorist activities, and making inflammatory speeches. The court emphasized the necessity of considering the totality of evidence without a detailed evaluation at the bail stage.

Justice Manoj Jain remarked, “The allegations and averments appearing in the 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, 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.”

Abubacker’s plea for bail on medical grounds due to Parkinson’s disease and other ailments was also rejected. The court noted previous directions ensuring his treatment in AIIMS with appropriate care. It was observed that there was a lack of cooperation from Abubacker regarding medical treatment. “Adequate directions have already been given by the learned Trial Court in the impugned order,” the court stated.

The court extensively discussed the legal reasoning behind the denial of bail, highlighting the stringent provisions under Section 43D(5) of UAPA. It emphasized that the statutory bar under this section applies to constitutional courts as well. The court stated, “Even High Court would be required to examine whether the bar stood attracted or not.”

The Delhi High Court’s dismissal of the appeal reiterates the judiciary’s commitment to addressing terrorism-related offenses with utmost seriousness. By upholding the denial of bail, the judgment sends a strong message about the legal consequences of involvement in activities aimed at destabilizing the nation. This decision reinforces the legal framework for tackling terrorism and ensures that allegations of such grave nature are thoroughly scrutinized in accordance with the law.

Date of Decision: May 28, 2024

Abubacker E. vs. National Investigation Agency

 

Latest Legal News