No bail for PFI leader Abubacker on medical grounds, SC asks him to approach trial court
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The Supreme Court today declined to grant bail to E Abubacker, former Chairman of the banned Popular Front of India (PFI), who sought bail on medical grounds, stating that the court could not grant bail at this stage, urging him to approach the trial court. His plea to put him under house arrest for treatment was also rejected.
Abubacker's counsel, Senior Advocate Gopal Sankaranarayan, presented the medical report from the All India Institute of Medical Sciences (AIIMS), to which the court had earlier directed an examination to determine whether his medical conditions warranted bail, stating that the report favoured him, as reported by Live Law.
In September 2024, the Supreme Court issued notice on E Abubacker's SLP challenging the Delhi High Court's denial of bail, with his appeal citing multiple ailments, including rare oesophagus cancer, Parkinson's disease, hypertension, diabetes, and vision loss, while the Court clarified it would only consider medical grounds and not entertain the plea on merits.
Abubacker, currently in judicial custody, faces multiple charges, including those under the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code for his alleged involvement in terrorist activities.
Arrested in September 2022 during a large-scale crackdown on PFI, Abubacker was charged with conspiracy and promoting enmity, among other offences, after the Central Government banned the organisation for five years under UAPA.
However, the National Investigation Agency (NIA), represented by Additional Solicitor General S.V. Raju, countered the bail plea, arguing that Abubacker’s medical conditions had been adequately treated and that there were no grounds for bail.
The bench, comprising Justices Sundresh and Rajesh Bindal, rejected the plea, stating that they were not inclined to grant bail at this stage and advised Abubacker to approach the Trial Court.
An alternative request for house arrest was also presented by Abubacker’s counsel, but it was objected to by Solicitor General Tushar Mehta, who dismissed the notion of house arrest as a "new concept" in such cases.
In a related development, the Supreme Court had issued notice in September 2024, regarding an SLP filed by Abubacker challenging the Delhi High Court’s decision to deny him bail. The High Court had dismissed his appeal, highlighting the evidence against him, which it said pointed to prima facie involvement in serious offences under UAPA.
The Court had also stressed that while PFI was deemed an unlawful association and not a terrorist organisation, its activities were nonetheless subject to careful scrutiny.