Delhi HC rejects former PFI chief Abubacker’s plea against trial court’s bail denial

Chapter IV pertains to punishment for terrorist activities and Chapter VI pertains to terrorist organisations.

It further said that at the preliminary stage, such material cannot be  disregarded and at this “initial juncture” the court will have to “attach full significance” to the allegations as well as to the statements of witnesses.

The general allegations against Abubacker and his co accused are that they were involved in an alleged conspiracy to commit “unlawful violent terrorist acts”, were facilitating funds for “weapon-training” and were responsible for the conduct of illegal activities of PFI. It was also alleged that the accused persons were involved in “radicalising and recruitment of innocent Muslim youths” with the objective to form “PFI Army”, planning to attack and kill targeted persons and to “overthrow the democratically elected Government of India and to establish Islamic Caliphate by 2047”.

“Thus, in view of the material collected by the investigating agency and the statements of witnesses recorded during the investigation, it cannot be said that the allegations were merely to the extent of ideological propagation of the activities of PFI. It was certainly much more than that,” the HC said.

Finding no compelling reason to release Abubacker based on his medical condition, the HC said that in case his condition worsens the “jail superintendent would immediately rush him to AIIMS, without seeking any formal direction from the court”.

“This be, however, brought to the notice of the learned trial court…(whether) he is entitled to be released on bail on medical grounds or not,” the bench added.

The HC took note of the statements of various protected witnesses and said that it cannot be held that the alleged “weapon training” was merely for “protecting the community in case there was any communal violence unleashed against them”, as was allegedly apprehended.

It also said the witness statements also go on to show that the objective of the alleged weapon-training was with the idea of “overthrowing the democratically elected government to replace the Constitution of India with a Caliphate Shariya Law”.

“…The planning of targeted killing of Hindu leaders and attacking the security forces and establishing Caliphate by 2047 would clearly indicate that the target was to challenge the, ‘unity and sovereignty of India’ and not merely to ‘overthrow the government’. Thus, the objective and manner of achieving the same, both, seem culpable,” the HC said.

The HC also said that it is unimpressed by Abubacker’s argument that he was merely acting in furtherance of the ideology of the organization, adding that if such ideology “smacks of malafide” and is “replete with conspiracy related to terrorist acts”, adhering to it would also be “punitive”.