Supreme Court overturns Madras HC’s decision, cancels bail of eight PFI members
THE JHARKHAND STORY DESK New Delhi, May 22: The Supreme Court on Wednesday overturned the Madras High Court’s decision regarding members…
THE JHARKHAND STORY DESK
New Delhi, May 22: The Supreme Court on Wednesday overturned the Madras High Court’s decision regarding members of the banned organization Popular Front of India (PFI) and has cancelled the bail of all eight accused members.
These PFI members are accused of conspiring to carry out terrorist activities across the country.
The Supreme Court cancelled the bail of the eight accused, stating that the order under Section 43D(5) of the Unlawful Activities (Prevention) Act (UAPA) would apply, which mandates that the respondents should not be released on bail in this case.
The Supreme Court did not accept the argument that individual freedom is paramount. Additionally, the Supreme Court has directed for expedited proceedings in the trial of this case.
Were arrested for collecting funds to carry out terrorist activities
These eight accused include Barkatullah, Idris, Mohammad Abuthahir, Khalid Mohammad, Syed Ishaq, Khaja Mohideen, Yasar Arafat, and Faiyaz Ahmed.
They were arrested on charges of collecting funds in India and abroad to carry out terrorist activities in various parts of the country, including Kerala, Tamil Nadu, and Uttar Pradesh.
Announcing the decision today, Wednesday, Justice Trivedi said, “Based on the material presented before us by the investigating agency, a prima facie case is established.”
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Court can intervene in orders that grant individual liberty based on incorrect grounds: SC
The Supreme Court, overturning the decision to release them on bail, stated that considering the severity of the crime, they have been given the maximum sentence. However, they have only spent one and a half years in incarceration. Therefore, we (the SC) are intervening in the High Court’s decision to release them on bail.
The case is that last October, the Madras High Court granted bail to all these PFI accused. Opposing the bail, the agency (NIA) filed a petition in the Supreme Court.
Today, Wednesday, a bench of Justice Bela Madhurya Trivedi heard the case in the Supreme Court. The judge stated that considering the severity of the crime and the fact that only one and a half years have been spent in jail as the maximum sentence, they are inclined to intervene in the Madras High Court’s order granting bail.
The judge mentioned that the court can intervene in orders granting individual liberty if they are based on incorrect grounds.
Madras HC stated that PFI has not been declared a terrorist organization
In October 2023, the double bench of Justices S.S. Sundar and S.S. Sundar in the Madras High Court stated that PFI has been declared as a unlawful organization, not a terrorist organization.
The court added that the prosecution has been unable to present any material before this court or any of the appellate courts indicating the involvement of any one of the accused in any terrorist act or being a member of any terrorist gang or organization or being trained for terrorism.
