Mumbai: Merely attending meetings, seminars, or physical training like karate organised by the Popular Front of India (PFI) cannot be equated with committing a terrorist act, observed the Aurangabad bench of the Bombay High Court while granting bail to three men arrested for alleged links with the banned organisation.
The FIR, registered on September 21, 2022, alleged that the three accused attended PFI-organised seminars and physical and arms training sessions for Muslim youth on November 21, 2021, and again in July 2022.
Arrest Before PFI Ban, Says Defence
The prosecution claimed that hate speeches were delivered at these events, which spoke about issues like mob lynching, the Citizenship Amendment Act (CAA), the National Register of Citizens (NRC), and bans on hijab and triple talaq. Speakers allegedly urged youth to join PFI, saying the coming times would be challenging for the Muslim community.
Defence lawyers pointed out that the accused were arrested on September 22, 2022, one day after the FIR was registered and nearly a week before the PFI was declared a banned organisation on September 28 that year.
Aurangabad Bench: Attendance Alone Not a Crime
“In the present case also, when the FIR was registered and appellants were arrested, PFI was not declared a terrorist organisation within the meaning of Section 2(m) of UAPA…” the bench of Justices Nitin Suryawanshi and Sandipkumar More held in its July 7 order.
It further said, “In absence of allegations of any overt act of violation and terrorist activities, mere participation in seminars/camps, prima facie, would not amount to terrorist act. Though, weapons are recovered from appellant-Irfan Milli, it is not the case of prosecution that those were used for any terrorist activity and/or for toppling the government.”
Court Cites Delay in Trial, Orders Bail Conditions
Noting that only five out of 145 witnesses have been examined so far, and the accused have already spent over two years in custody, the court said there was little likelihood of the trial concluding soon. It directed the trial court to decide the bail conditions.
