MHC grants bail to PFI members arrested under UAPA

CHENNAI: The Madras High Court has granted conditional bail to the members of the Popular Front of India (PFI) who were arrested under the Unlawful Activities Prevention Act (UAPA).

The appellants, members of PFI, who were arrested by the National Investigation Agency (NIA) moved to the Madras High Court (MHC) seeking bail. The case was heard by a division bench of the MHC comprising Justice SS Sundar and Justice Sunder Mohan.

The appellants should not leave Chennai without the permission of the Special Court under the NIA Act, Poonamallee and they should surrender their passport to NIA, the bench observed while granting bail. They should use only one mobile phone during the time they remain on bail and they should appear before the special court and sign daily, read the order.

Senior counsel T Mohan appeared for the appellants contended that the special court which denied the bail, failed to notice that there was no prima facie accusation against them and there was total nonapplication of judicial mind while passing the impugned order. The counsel also submitted that the accused were arrested only for their activities in relation to PFI which was neither banned nor declared as an unlawful Association at the time of their arrest.

He also pointed out that even after collecting all the materials the organization has been declared as an unlawful organization and not as a terrorist organization.

The Additional Solicitor General (ASG) ARL Sundaresan appeared for NIA, submitted that the leaders and cadres of PFI have formed the organization only to achieve a dangerous goal of Vision India 2047, that is to make this Country ruled by Muslims.

The statement of witnesses only reveals how the appellants have conducted several training programs in martial arts and their instructions to raise funds for PFI through its cadres and the training in physical education, using weapons like knives, swords, etc, said the ASG.

The National Investigation Agency (NIA) conducted raids in more than 12 places of PFI in Tamil Nadu after receiving secret information that the PFI is indulging in terrorist activities. On September 22, 2022, the Agency arrested members and cadres of PFI from various districts of Tamil Nadu including Madurai, Theni, and Ramanathapuram under UAPA.

The arrested PFI members Barakathullah, M.A.Ahmed Idris, Mohamed Abuthahir, Khalid Mohamed, Syed Ishaq, Khaja Mohaideen, Yasar Arafath, and Fayaz Ahmed moved the Special Court under the National Investigation Agency (NIA) Act, Poonamallee, seeking bail, however, their petitions were dismissed.

Challenging this order, the arrested PFI members moved the MHC to set aside the special court's order and grant bail.