SC agrees to hear NIA plea challenging Madras HC order granting bail to PFI workers in UAPA case

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Court questions the urgency

Advocate Rajat Nair, appearing for the NIA, urged the apex court to list the matter for hearing during the day, saying the high court had granted bail to the eight accused on Thursday, 19 October.

“Somebody has got bail. What is the hurry?” the bench asked him.

When Nair said the special leave petition (SLP) was prepared overnight to challenge the high court order and requested the court to pass suitable direction, the bench fixed the hearing of the petition for on 30 October.

“The petitioner, Union of India (NIA) is constrained to file the present special leave petition against the final order and judgement passed by the High Court of Judicature at Madras whereby, the high court in a serious offence registered against the PFI members under Unlawful Activities (Prevention) Act, 1967, was pleased to grant bail,” the plea said.

It said the FIR was registered against the office bearers, members and cadres of PFI which had been spreading the extremist ideology across Tamil Nadu by establishing state headquarters at Purasaiwakkam, Chennai, and also offices in various districts of Tamil Nadu through their alleged frontal organisations like Campus Front of India, National Women’s Front, Social Democratic Party of India (SDPI), etc.

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The allegations

The petition alleged PFI members had conspired to commit acts of terror, recruited members for furthering their extremist ideology and imparted training to commit terrorist activities, organised mass drills for displaying their might by gathering their members in combat uniforms, intending that participants shall be trained to use criminal force for violence against other religious communities to spread fear or alarm or insecurity.

“It is respectfully submitted that the leaders/cadres of PFI had formed the organisation only to achieve a dangerous goal of ‘Vision India – 2047’, that is to make this country ruled by Muslims as per Sharia Law,” it said.

As an interim relief, the NIA urged the apex court to grant an ex-parte interim stay on the operation of the high court’s order during the pendency of its plea.

The petition said, “The high court also fell into patent and manifest error when it recorded that prosecution has failed to establish through any material, the real objectives of the organisation or the motive behind the establishment of PFI .”

It said in this case, there are categorical statements available on record which demonstrate that beer bottles with water were used as “dummy bombs” to hold target practice.

The plea claimed that tactical weapons training was being imparted and there was evidence on record which showed that PFI cadres were influenced, brainwashed and indoctrinated by the accused.

“All the acts were done by the accused in an effort to raise an armed militia to take up the fight for usurping and violating the sovereignty and integrity of the country,” it alleged.

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