Daijiworld Media Network – New Delhi
New Delhi, Jul 16: A Special NIA Court in New Delhi has rejected the third bail application filed by Popular Front of India (PFI) founder chairman E Abubacker in a case registered under the Unlawful Activities (Prevention) Act (UAPA).
Special NIA Judge Prashant Sharma of the Patiala House Court dismissed the bail plea after hearing arguments from the defence counsel and the National Investigation Agency (NIA). The court had recently framed charges against Abubacker and other PFI leaders in connection with allegations of terror conspiracy, terror funding and conspiracy to wage war against the country.
Abubacker, who was arrested on September 22, 2022, had sought bail citing delay in trial, his health condition, right to a speedy trial and changes in legal provisions related to bail under UAPA cases.
While rejecting the plea, the court observed that the delay in trial cannot be considered separately and must be examined in the context of the overall circumstances of the case, including the seriousness of the allegations, the number of accused persons involved, workload of the court and the number of lawyers representing the accused.
The court said the defence had failed to provide sufficient grounds to support the claim of delay in the trial and termed the argument without merit.
“Considering the facts and circumstances of the case, I do not find any ground to grant bail to the applicant,” the court said while dismissing Abubacker’s bail application.
The defence had argued that Abubacker’s prolonged custody, health issues and changes in law warranted bail. However, NIA Special Public Prosecutor Rahul Tyagi, along with Jatin Khatri and Amit Rohila, opposed the plea, stating that evidence on record prima facie indicated his involvement in the alleged offences.
The NIA also informed the court that earlier bail applications filed by Abubacker had been rejected, including one dismissed by the Special Court in November 2022 and another in June 2023.
The Delhi High Court had earlier observed that allegations related to offences under Chapters IV and VI of the UAPA appeared to be prima facie true based on the charge sheet.
The court had sought medical reports from Tihar Jail and Apollo Hospital regarding Abubacker’s health condition. The reports stated that although he suffers from difficulties including walking problems, slow speech, swallowing difficulties and fluctuating blood sugar levels, he is receiving regular medical treatment.
Doctors informed the court that his condition had not deteriorated and that he continues to receive necessary medical care. They also stated that he requires assistance for personal care, which can be provided either in jail or at a government hospital.