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Top court cancels bail given to 8 PFI members
The Supreme Court on Wednesday cancelled the bail granted to eight members of the Popular Front of India (PFI) by the Madras high court
The Supreme Court on Wednesday set aside the bail granted to eight members of the banned Popular Front of India (PFI) by the Madras high court, saying that national security is always of “paramount importance”.
The eight accused — Barakathullah, Idris, Mohamed Abuthahir, Khalid Mohammed, Syed Ishaq, Khaja Mohaideen, Yasar Arafath and Fayaz Ahmed— were arrested by the National Investigation Agency (NIA) in September 2022 from Tamil Nadu. They were booked under the stringent Unlawful Activities (Prevention) Act on the charges that they planned to commit “terrorist acts” and spread “extremist ideology”. The Centre banned PFI in September 2022, declaring it an “unlawful association”.
On October 19, last year the Madras high court granted bail to all the accused, which was challenged by the federal anti-terror agency before the top court.
Setting aside the high court order, the SC said: “It cannot be denied that national security is always of paramount importance and any act in aid to any terrorist act – violent or non-violent is liable to be restricted.”
The court held that in its charge sheet, the NIA showed that prima facie there was sufficient evidence to back the charges against the accused.
“Considering the nature and gravity of the alleged offences and considering their criminal antecedents, 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,” the top court bench headed by Justice Bela M Trivedi held.
The bench said that UAPA provides for reasonable restrictions on the civil liberties of people “ in the interest of sovereignty and integrity of India”.
Noting that charge sheet has already been filed before the trial court, the bench directed that the special court should proceed with the trial as expeditiously as possible and in accordance with law, without being influenced by any of the observations made by the apex court in its order.
