Following a reliable tip, the Central Government’s Ministry of Home Affairs’ CTCR Division learned that officials, members, and cadres of the radical Islamic group Popular Front of India (PFI) has been spreading its radical ideologies throughout Tamil Nadu.
They were also engaged in recruiting members for terrorist organizations
The FIR was registered on 19.09.2022 against the present respondent and other office bearers of PFI for the offences under Section 120(b), 153(A), 153(AA) of IPC and Section 13,17,18,18(B), 38 and 39 of the Unlawful Activities (Prevention) Act, 1957 (hereinafter referred to as the “UAPA”).
The accused were arrested on 22.09.2022, they filed their respective bail applications before the special court under NIA Act. The special court after considering the case diary and other documents produced before it and after having being satisfied about the prima facie case against the accused rejected the bail applications.
Aggrieved by this order the accused filed the appeal in High Court, during the pendency of this case chargesheet was filed by NIA on 17.03.2023 for the offences under Sections 120B, 121A, 122, 153A, 505(1)(b), (c), (2) of IPC and Sections 13,18, 18A, 18B of UAPA. The High Court after taking into consideration the submissions made by the learned Counsels for the parties and materials placed on record including the Chargesheet, allowed the said Appeals by the common impugned order dated 19.10.2023, releasing the respondents on bail subject to the conditions mentioned therein.
Court observed: though the PFI was projecting itself as an organization fighting for the rights of minorities, Dalits and marginalized communities, it was pursuing a covert agenda to radicalize particular section of the society and to work towards undermining the concept of democracy and integrity of India. The investigation disclosed that the activities and undeclared objectives of PFI had strong communal and anti-national agenda to establish an Islamic rule in India by radicalization of Muslims and communalization of issues.
Court opined that the High Court has fallen into a patent and manifest error. In our opinion High Court should not have taken a lenient view, more particularly when there was sufficient material to show their prima facie involvement in the alleged offences under the UAPA.
Court Held that the impugned order passed by the High Court is set aside stating that the allegations of collecting funds to commit terrorist acts against them appeared to be ‘prima facie true’.
Case name: UNION OF INDIA VS. BARAKATHULLAH
Name: Sushant Uniyal, BBA LL.B. (HONS.),College : Law College Dehradun, Uttaranchal university Intern under: Legal Vidhiya
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