Supreme Court revokes bail granted to 8 PFI members by Madras HC in UAPA case
- In Reports
- 07:10 PM, May 23, 2024
- Myind Staff
The Supreme Court has revoked the bail granted by the Madras High Court to eight alleged members of the banned Popular Front of India (PFI), who were charged by the National Investigation Agency (NIA) under the stringent Unlawful Activities (Prevention) Act (UAPA), 1967, and the Indian Penal Code.
A bench comprising Justices Bela M Trivedi and Pankaj Mithal ruled that considering the gravity of the offences and the prima facie evidence collected during the investigation, the high court's order could not be upheld. The accused had spent only 1.5 years in custody.
Justice Trivedi emphasised the paramount importance of national security, asserting that any terrorist act, whether violent or non-violent, must be curtailed.
The bench stated that courts can intervene in orders affecting personal liberty if they are found to be unreasonable. It directed for the trial to be expedited and clarified that it had not made any judgment on the merits of the case.
The Supreme Court heard an appeal by the NIA against the Madras High Court's October 19, 2023, ruling. The agency alleged that the accused had conspired to commit terrorist acts, recruited members to promote their extremist ideology, provided training for terrorist activities, and conducted mass drills to demonstrate their strength while wearing combat uniforms. This was with the intention to train participants to use force against other religious communities to instill fear, alarm, or insecurity among members of those communities.
The NIA further contended that the leaders and members of the PFI had established the organisation with the dangerous objective of achieving "Vision India 2047", which aimed to establish a Muslim-ruled country governed by Sharia law.
The bench stated that courts could intervene with orders concerning personal liberty if they were found to be erroneous. It directed for the trial to be expedited and clarified that it had not made any comments on the merits of the case.
The SC heard an appeal by the NIA against the high court's October 19, 2023, decision. The agency alleged that the accused had conspired to commit terrorist acts, recruited members to propagate their extremist ideology, provided training for terrorist activities, and organised mass drills to showcase their strength in combat attire, with the intention of intimidating members of other religious communities.
According to the NIA, the leaders and members of the PFI had established the organisation with the aim of realising the ambitious goal of 'Vision India 2047', which purportedly sought to establish a Muslim-ruled nation governed by Sharia law.
NIA lawyer Rajat Nair argued that the high court failed to grasp the definition of terrorism under UAPA Section 15, particularly the term 'likely'. He highlighted witness statements detailing training programmes in martial arts with weapons such as knives and swords.
Additionally, the statements revealed training on throwing water-filled beer bottles and recruitment speeches aimed at spreading PFI ideologies among Muslim youth.
The NIA stated that one of the accused, during PFI training sessions, expressed intent to join ISIS for weapon training, fight for it, and later rejoin PFI to combat the Indian government for establishing Sharia law. The high court noted a lack of reliable information in the FIR connecting the accused with terrorist acts or groups but suggested PFI could potentially become a terrorist organization under UAPA provisions.
The High Court disputed NIA's interpretation of 'preparation for a terrorist act', noting that Section 18 of the UAPA makes any proximate act to the intended terrorist act punishable. It emphasised the need for conclusive evidence linking preparatory acts to terrorist activities under the UAPA, highlighting the absence of such evidence in the case.
The Court also noted the lack of connection between the accused and PFI's 2047 Vision Document, underscoring the need for specific material to justify allegations against PFI members and cadres.
Image source: Indian Express
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