His counsel submitted that charges had already been framed and claimed there had been a delay in the trial, which justified his release
NEW DELHI — In a fresh setback to jailed Popular Front of India (PFI) founder E Abubacker, a Delhi Special NIA court has dismissed his regular bail plea in the major terror conspiracy case being probed by the National Investigation Agency (NIA).
Special NIA Judge Prashant Sharma, in an order dated July 15, held that there were no fresh grounds to grant relief, noting that Abubacker’s earlier bail applications have consistently been rejected.
“In view of the aforesaid appreciation and facts and circumstances of this case, I do not find any ground to grant bail to the applicant. Accordingly, the present bail application of applicant/accused E Abubacker stands dismissed,” the court said.
This is at least the third regular bail plea by Abubacker to be dismissed by the trial court.
Defence Cites Health, Delay in Trial
Abubacker, now in his 70s, sought regular bail on both merits and medical grounds. His counsel argued that his health has deteriorated significantly in custody, that no concrete case is made out against him, and that the trial has been delayed even after charges were framed, which should entitle him to bail.
The defence has previously submitted that Abubacker is a cancer survivor who underwent surgery, suffers from Parkinson’s disease, and has made several visits to AIIMS during custody. He had also sought house arrest at one stage, which the Delhi High Court refused.
NIA Opposition
The NIA strongly opposed the plea. The agency told the court that charges had already been framed on the basis of sufficient evidence collected during investigation and that Abubacker was receiving proper medical treatment in Tihar Jail.
Rejecting the delay argument, the court observed that the defence had failed to explain the reasons behind the alleged delay.
“The pendency of the matter before the court concerned where the chargesheet is filed, the reason for the delay and other administrative aspects are not highlighted by the learned counsel for the accused. Therefore, the delay in the trial is meritless,” the judge said.
The court also noted that the Delhi High Court had earlier refused bail to Abubacker and that no new circumstances had emerged to take a different view.
The Special NIA Court has, in recent orders, denied bail to PFI leaders, underscoring the seriousness of the charges under the Unlawful Activities (Prevention) Act (UAPA).
Abubacker, a resident of Kerala, has been associated with several Islamic organisations over the decades and was considered the ideological head of the PFI.
The NIA registered the case in April 2022 on the directions of the Ministry of Home Affairs under IPC and UAPA provisions. Abubacker was arrested on September 22, 2022, during nationwide raids against the PFI. Six days later, on September 28, 2022, the Centre banned the PFI and several of its associate organisations for five years, declaring it an unlawful association for alleged links with global terror groups like ISIS.
According to the NIA, PFI office-bearers and members hatched a criminal conspiracy to raise funds for terrorist acts, conduct training camps to indoctrinate and train cadres, radicalise youth and promote communal enmity. The agency has also alleged that several senior RSS leaders were identified as potential targets.
A central piece of the NIA’s case is the alleged “Vision 2047” document, in which the PFI purportedly planned to overthrow the secular democratic Government of India and establish an Islamic Caliphate under Shariah law by or before 2047 through armed struggle against the state.
Charges Framed
Weeks before the latest order rejecting the bail, the same Special NIA Court ordered framing of charges against 25 PFI members and the organisation itself under IPC and UAPA. While framing charges, the court had observed that there was “grave suspicion” of a larger conspiracy.
“Considered as a whole, the material on record raises grave suspicion that the accused, acting through and on behalf of the Popular Front of India and its National Executive Council (NEC), agreed and acted in furtherance of a single conspiracy to overthrow the secular democratic Government of India and to establish an Islamic Caliphate under Shariah law in India by or before the year 2047 through an armed struggle against the State,” the court had observed.
In May 2024, a Delhi High Court bench of Justices Suresh Kumar Kait and Manoj Jain denied bail to Abubacker, observing that allegations against him were “not in air” based on statements of protected witnesses. The high court also refused to entertain his plea for house arrest.
The apex court subsequently denied bail after looking at his medical report, with a bench observing it was not inclined to release him at this stage.
With charges now framed, the trial is expected to formally begin later this month with the prosecution leading its evidence. The NIA has cited protected witnesses and documentary evidence, including training camp materials and funding trails, to support its allegation that Abubacker was part of the top leadership that directed PFI’s activities.
