UAPA Case: SC Sets Aside Madras HC Verdict, Orders Accused to Surrender

The Supreme Court, on Wednesday, set aside a verdict of the Madras High Court that had granted bail to eight accused in a case registered under the Unlawful Activities (Prevention) Act against alleged PFI operatives, affirming that national security is of paramount importance.

A bench of Justices Bela M Trivedi and Pankaj Mithal directed the accused, who were granted bail by the high court on October 19 last year, to surrender forthwith and return to jail.

High Court Order Overturned

“The impugned order passed by the high court is set aside,” the bench said while pronouncing its judgment.

The court observed that national security is always of paramount importance and any act linked to terrorism is liable to be restricted.

Verdict on NIA Plea

The bench delivered its verdict on a plea filed by the National Investigation Agency (NIA) challenging the high court judgment granting bail to these accused.

The eight accused — Barakathullah, Idris, Mohamed Abuthahir, Khalid Mohammed, Syed Ishaq, Khaja Mohaideen, Yasar Arafath, and Fayaz Ahmed — were arrested in September 2022.

On October 20 last year, the apex court had scheduled the NIA’s plea challenging the high court order for a hearing after advocate Rajat Nair, appearing for the anti-terror agency, mentioned it for urgent listing.

NIA’s Argument

In its plea, the NIA claimed that the PFI is a fundamentalist Islamic organization formed solely to achieve the “dangerous goal” of establishing Muslim rule in India governed by Sharia law.

An FIR was registered against the alleged office bearers, members, and cadres of the PFI, which had been spreading extremist ideology across Tamil Nadu after establishing its state headquarters at Purasaiwakkam in Chennai and offices in various districts of the state through their frontal organizations, the petition stated.

The accused had “conspired to commit acts of terror, recruited members to further their extremist ideology, imparted training to commit terrorist activities, organized mass drills to display their might by gathering 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 added.

The plea claimed tactical weapons training was being imparted and there was evidence on record showing 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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