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SC Grants Bail to Man Accused Under UAPA, Citing “Bail is the Rule, Jail is the Exception”

August 13, 2024, 9:32 pm

On Tuesday, the Supreme Court granted bail to Jalaluddin Khan, reiterating that “bail is the rule and jail is the exception,” even under stringent laws like the Unlawful Activities (Prevention) Act (UAPA), 1967.

Khan was charged under the UAPA for allegedly being an active member of the banned organization Popular Front of India (PFI) and for renting out his property to PFI members for training sessions.

A bench of Justices Abhay S Oka and Augustine George Masih overturned the Patna High Court’s decision, which had previously denied Khan bail.

The apex court said that on a plain reading of the charge sheet, it is not possible to record a conclusion that there are reasonable grounds for believing that the accusation against the appellant of commission of offences punishable under the UAPA is prima facie true.

It said that even if the allegations against the accused are serious, courts have the duty to grant bail when the conditions laid down under the law for grant of bail are satisfied.

The apex court, in its judgment, said that there is not even an allegation in the charge sheet that the appellant was a member of any terrorist gang.

“The charge sheet does not mention the name of the terrorist organisation within the meaning of Section 2(m) of which the appellant was a member. We find that the PFI is not a terrorist organisation, as is evident from the first schedule,” it held.

The top court further said that the Special Court and the High Court did not consider the material in the charge sheet objectively. Perhaps the focus was more on the activities of PFI, and therefore, the appellant’s case could not be properly appreciated, it added.

“When a case is made out for a grant of bail, the courts should not have any hesitation in granting bail. The allegations of the prosecution may be very serious. But the duty of the Courts is to consider the case for grant of bail in accordance with the law,” it said.

“Bail is the rule and jail is an exception is a settled law. Even in a case like the present case where there are stringent conditions for the grant of bail in the relevant statutes, the same rule holds good with only modification that the bail can be granted if the conditions in the statute are satisfied. The rule also means that once a case is made out for the grant of bail, the Court cannot decline to grant bail. If the courts start denying bail in deserving cases, it will be a violation of the rights guaranteed under Article 21 of our Constitution,” it added.

The chargesheet stated that during the search, the police had retrieved documents from the co-accused (who rented the upper floor) relating to unlawful activities aimed at disrupting the sovereignty of India to cause disaffection against the country and establishing pan-Islamic rule in India by subverting the Constitution.

The appellant had claimed that he was not affiliated with PFI or any banned organisation and that his involvement was limited to renting property.

Changes In Kashmir After The Abrogation Of Article 370

August 7, 2024, 2:00 am

ON AUGUST 5, 2019 the Union Home Minister Amit Shah announced in Parliament about the abrogation of the Article 370, the temporary provision within the Indian Constitution that had given a special status to Jammu and Kashmir.

The abrogation brought about no domestic rebellion, no home-grown intifada on the streets of Kashmir. Protests, militancy, or terrorism was not prevented by even the harshest security clampdown of the 1990s. The relative tranquility in the valley is reflected in the huge surge in domestic tourists: from the super-luxury Khyber of Gulmarg to the cosier Dove Cottage of Srinagar, all accommodation is booked for the spring and the summer.
The security scenario has drastically improved. While 124 civilians were killed at the hands of the police and security forces during protests and stone-pelting incidents from 5.08.2016 to 5.08.2019, not a single such incident was reported in almost 5 years. Another outcome of the abrogation of article 370 is a considerable decline in both recruitment and annihilation of terrorists in 2023 compared to previous years. While 35 terrorists were slain in various operations by the security forces from January 1 to August 5 in 2023, the number was over 120 in the same period last year. In 2022, 186 terrorists including 56 foreigners were annihilated. The much dreaded Lal chowk, once the hot-bed of anti-India activities, teems with activities of tourists and locals even after 11 pm. It always wore a deserted look. Hindu religious processions have taken place regularly at Laal chowk since Aug, 2019. Cinema halls have reopened for the first time since 1989. Hurriyat and other secessionist groups have been banned under UAPA.

Dubai-based Emaar has become the first overseas company to invest in a mega-mall spread over 10 lakh square feet in Srinagar. It is a project of Rs 250 crore.
The improvement in security situation can be gauged from the fact that on August 3, 2023, hundreds of students, academicians, journalists, and people from different walks of life spoke about peace and nation building at a grand event held at a govt. degree college, Shopian. “ South Asian centre for Peace and People’s Empowerment’’ organized the event in collaboration with the college at Shopian, once the bastion for terrorists. The restoration of the administrative control is one of the best things that happened to Kashmir after the annulment of the article 370 . Investment of projects worth nearly Rs 25k crores are under execution in the UT while proposals to the tune of over Rs 80k crore are under process. Since independence only Rs 14k crore was invested by private parties in J and K. However, the UT has received investment proposals worth Rs 81, 122 crore from 2021 to 2023 after the abolition of the Article 370 and introduction of a new industrial development scheme. For establishing key units across both divisions of J & K, nearly 2250 acres of land have already been earmarked. The UT teemed with 1.88 crore tourists in 2023, up from 77 lakh in 2008. The administration predicts the tourists’ foot-fall to breach the 2 crore mark this year. Strike calls imposed by separatists in Kashmir find no takers anymore as the common man has started to reap the dividends of peace. Foreign delegates arrived at Sher-i-Kashmir international Conference Centre during G20 meetings. The three-day Tourism Working Group Meeting of G20 delegates in Srinagar on May 22, 2023, commenced with the side event on “Film Tourism for Economic and cultural preservation”. It was unanimously concurred by the participants that J-K was the ideal region to shoot films.
All India Women’s Cricket Championship was inaugurated in a Sports stadium at Doda. The ST community has been granted political reservation in Jammu and Kashmir. ST representatives have been elected in the DDC- District Development Council and BDC elections. Thousands of Dalits were granted their rights and domicile. More than 60 thousand west Pak refugees are granted their rights and domicile. ST status is granted to communities like Pahari, Padari and Gadda Brahmin. OBC community has been identified in J& K for the first time. The OBC is given their constitutional rights. People from the POJK displaced community whom the J& K govt. was denying domiciles were granted 25 thousand domiciles. In J&K, if a woman married outside the state, all her rights were forfeited. But women have got freedom in the truest sense. The District Development Council, Block Development Council and Gram Sabha democracy came at every level. All the provisions of the constitution have been implemented in J& K, including 890 provisions related to public welfare have been implemented. The Article 35A has been abolished.
Finally, it is time for the discourse to move “from being special” to the new narrative of “being equal”. Most residents and leaders of the state acknowledge that as an equal member of the Indian federal polity, they are entitled to enjoy greater freedom and rights than they did as a special state. Ipso facto, Tamil Nadu, Odisha or West Bengal is able to preserve its cultural identity, political space, and economic well-being much better than J&K was able to do as a special state of the Union.

Dr. Ravi Prakash Tiwari is the author of Pun Is Fun.

Rigours & Restrictions of UAPA and Restriction on Bail

August 3, 2024, 7:17 am

The Provisions under UAP(A) is harsh and leaves no scope of Bail in the scheduled and sanctioned offence under UAP(A) 1967. In National Investigation Agency v. Zahoor Ahmad Shah Watali (2019) 5 SCC 1. It is held inter-alia that, there is a degree of difference between the satisfaction to be recorded by the Court that there are reasonable grounds for believing that the accused is “not guilty” of such offence and the satisfaction to be recorded for the purposes of the 1967 Act that there are reasonable grounds for believing that the accusation against such person is “prima facie” true. By its very nature, the expression “prima facie true” would mean that the materials/evidence collated by the investigating agency in reference to the accusation against the accused concerned in the first information report, must prevail until contradicted and overcome or disproved by other evidence, and on the face of it, shows the complicity of such accused in the commission of the stated offence. It must be good and sufficient on its face to establish a given fact or the chain of facts constituting the stated offence, unless rebutted or contradicted. The chargesheet has to be read as it is.

However, at least surface-analysis of probative value of the evidence, at the stage of examining the question of granting bail and the quality or probative value satisfies the Court of its worth must be done as laid down in Vernon -vs- The State of Maharashtra & Anr. [2023 INSC 655].

The Watali (supra), remains unchallenged in the Supreme Court. In recent times, in some matters, persons accused were able to secure bail in the scheduled and sanctioned offence under UAP(A) 1967. However, none of the accused were able to secure bail in merits of the case. In most of the cases decided recently, accused were granted bail on the grounds of delay in framing of charges, delay in Trial and on the grounds that the accused remained incarcerated for years without Trial. The aforesaid, Vernon (Supra) may be of some use. Most of such cases are based on the confessional statements of the accused and the statements of the co-accused and protected witnesses. Sometimes the entire case is based on disclosures and the Investigating agencies ends up in filing voluminous documents in relation to the recovery and disclosures.

Now, with regard to disclosures and admissibility, Jaffar Hussain Dastagir v. State of Maharashtra (1969) 2 SCC 872 and Pulukuri Kottaya v. King Emperor (1946) SCC online Privy Council 47, which states that under Section 25 of the Evidence Act no confession made by an accused to a police officer can be admitted in evidence against him. An exception to this is however provided by Section 26 which makes a confessional statement made before a Magistrate admissible in evidence against an accused notwithstanding the fact that he was in the custody of the police when he made the incriminating statement. Section 27 is a proviso to Section 26 and makes admissible so much of the statement of the accused which leads to the discovery of a fact deposed to by him and connected with the crime, irrespective of the question whether it is confessional or otherwise. The essential ingredient of the section is that the information given by the accused must lead to the discovery of the fact which is the direct outcome of such information. Secondly, only such portion of the information given as is distinctly connected with the said recovery is admissible against the accused. Thirdly, the discovery of the fact must relate to the commission of some offence.

The embargo on statements of the accused before the police will not apply if all the above conditions are fulfilled. Section 27 of the Evidence Act is an exception to the general rule under Section 25 that a confession made by an accused to a police officer is not admissible in evidence. The first condition for the applicability of Section 27 is that the information given by the accused must lead to the discovery of the fact, which is the direct outcome of such information. Only such portion of the information given as is distinctly connected with the said discovery is admissible against the accused. There is no embargo to deal with the statements and its admissibility by the Constitutional Courts even at the stage of Bail. The recently decided case of Thwaha Fasal -vs- Union of India [2021 SCC OnLine SC 1000] requires active membership for attracting sections 39 that would be gleaned from overt acts, but also narrows down the kinds of activity with which the association/support can be, by specifying that the “activity” here refers to committing of a “terrorist act”. The “activity” must be done with an intention and mens rea is to be considered. As such in some cases, wherein there are no overt act committed by persons-accused the Judgment of National Investigation Agency v. Zahoor Ahmad Shah Watali supra, may not come into way whilst considering the Bail.

It may be seen from the above, that the Supreme Court may not have granted bail to the accused persons in the recent times in merits but have granted concession due to delay in trial, however cases such as Vernon and Thwaha Fasal may come into play in deciding the future cases where there is embargo in bail, till the time Watali (Supra) is decided by a larger bench.

It is well settled law that an accused cannot be detained under the guise of punishing him by presuming the guilt as held in Vaman Narain Ghiya v. State of Rajasthan, (2009) 2 SCC 281. Also, in Ranjitsing Brahmajeetsing Sharma v. State of Maharashtra [(2005) 5 SCC 294 : 2005 SCC (Cri) 1057] the Hon’ble Supreme Court has held at Paragraph 38, that “We are furthermore of the opinion that the restrictions on the power of the court to grant bail should not be pushed too far.

If the court, having regard to the materials brought on record, is satisfied that in all probability he may not be ultimately convicted, an order granting bail may be passed. The satisfaction of the court as regards his likelihood of not committing an offence while on bail must be construed to mean an offence under the Act and not any offence whatsoever be it a minor or major offence. What would further be necessary on the part of the court is to see the culpability of the accused and his involvement in the commission of an organised crime either directly or indirectly. The court at the time of considering the application for grant of bail shall consider the question from the angle as to whether he was possessed of the requisite mens rea.” The Judgment can be read with the provisions of section 39 (deals with the offences relating to support given to a terrorist organisation), of the 1967 UAP Act. The Judgments of Hitendra Vishnu Thakur and Others -vs- State of Maharashtra and Others [(1994) 4 SCC 602], Niranjan Singh Karam Singh Punjabi, Advocate -vs- Jitendra Bhimraj Bijjaya and Others [(1990) 4 SCC 76] and Usmanbhai Dawoodbhai Memon and Others -vs- State of Gujarat [(1988) 2 SCC 271], the manner in which stringent provisions of a statute ought to be interpreted has been laid down by the Hon’ble Supreme Court. The observation of the Hon’ble Supreme Court has been that the Constitutional Court ought to carefully examine every case, before making an assessment if the Act would apply or not.

When the statutes have stringent provisions the duty of the Court would be more onerous. Graver the offence, greater should be the care taken to see that the offence would fall within the four corners of the Act. Though these judgments were delivered while testing similar rigorous provisions under the Terrorist and Disruptive Activities (Prevention) Act, 1987, the same principle would apply in respect of the 1967 Act as well.

Pankaj Singh, Advocate, Supreme Court of India, Former Expert on Mission to the UNHCR.

Delhi High Court Seeks Delhi Police Response on Umar Khalid’s Bail Plea in 2020 Delhi Riots Case

July 24, 2024, 12:54 pm

The Delhi High Court has issued a notice to the Delhi Police in response to Umar Khalid’s plea seeking bail under the Unlawful Activities (Prevention) Act (UAPA). Umar Khalid is accused in the larger conspiracy of the 2020 Delhi riots. The court has scheduled the matter for hearing on August 29.

This development comes as part of the ongoing legal proceedings concerning the violent clashes that took place in Delhi in February 2020. Umar Khalid, a former student leader, has been in custody since his arrest in September 2020. He has consistently denied any involvement in the conspiracy, maintaining his innocence.

Delhi High Court issues notice to Delhi Police on Umar Khalid’s plea seeking bail in the UAPA case. He is accused in the larger conspiracy of the Delhi riots 2020 case. The matter has been listed on August 29 for hearing.

— ANI (@ANI) July 24, 2024

The upcoming hearing will determine whether Khalid will be granted bail as the case continues to unfold. This case has garnered significant attention, highlighting issues related to civil rights and the use of the UAPA in legal proceedings.

Keep following for updates on this significant legal development.

Renowned Author Arundhati Roy Faces UAPA Trial For Kashmir Separation Speech

June 15, 2024, 7:16 pm

Arundhati Roy, a well-known author, is set to be tried under the Unlawful Activities (Prevention) Act (UAPA) for allegedly advocating Kashmir’s separation from India. Delhi Lieutenant Governor VK Saxena has approved the prosecution of Roy following a complaint filed by Hindu activist Sushil Pandit on October 28, 2010.

Allegations Against Arundhati Roy

The case against Arundhati Roy stems from her speech at a conference titled “Azadi – The Only Way” held on October 21, 2010, in New Delhi. Alongside other speakers, Roy was accused of advocating Kashmir’s independence and asserting that it was never part of India, urging efforts for its separation.

FIR and Investigation

An FIR was registered under Section 156(3) of the CrPC, leading to an investigation initiated by the court’s order dated November 27, 2010.

Prosecution Under UAPA

The LG has granted prosecution sanction under IPC section 45(1) of the UAPA against Roy and Sheikh Showkat Hussain. Earlier, in October 2023, sanction was granted under IPC sections 196 for offences under sections 153A, 153B, and 505 of the IPC.

Understanding UAPA

The Unlawful Activities (Prevention) Act is aimed at preventing unlawful activities and associations within India, providing authorities with powers to address threats to the nation’s integrity and sovereignty.

SC adjourns medical bail plea of NewsClick founder

April 15, 2024, 2:20 pm

The medical bail plea of Newsclick founder and Editor-in-chief Prabir Purkayastha, who is being held in Tihar jail under anti-terror laws, was postponed by the Supreme Court on Monday till April 22.

The appeal of Purkayashta, seeking release on medical grounds, was postponed until next Monday by a bench of Justices BR Gavai and Sandeep Mehta since his senior advocate, Kapil Sibal, was not available.

The All India Institute of Medical Sciences (AIIMS) was previously ordered by the supreme court to establish a medical board in order to assess Purkayastha’s health.
It had requested that the director of AIIMS form the board and produce a report that took into account the petitioner’s whole medical history as well as his jail records.
The supreme court’s directive followed Sibal’s admission to the bench that the jail authorities’ information regarding his client’s medical condition was incorrect.

Prior to this, Purkayastha had previously petitioned the Supreme Court to overturn his detention under the Unlawful Activities (Prevention) Act (UAPA) on the grounds that Chinese money was allegedly being used to spread anti-national propaganda.

He challenged the Delhi High Court’s October 13, 2023, order upholding the trial court order remanding him to police custody. He has since been remanded to judicial custody.
Earlier, NewsClick’s human resources department head, Amit Chakravarty had withdrawn from the Supreme Court his petition against his arrest.
A Delhi court had allowed Chakravarty to turn an approver in the case lodged against the news portal.

On October 3, the Delhi police’s special cell arrested Purkayastha and Chakraborty after searching thirty addresses linked to the online news portal and its journalists. The complaint was brought under the UAPA when it was claimed that the portal had received funding for pro-China propaganda.
Subsequently, Purkayastha and Chakravarty moved the High Court to challenge both the arrest and the seven-day police custody, and they requested an immediate release as a temporary solution.

Their appeals were denied by the High Court, which expressed its opinion that,”the fact that serious offences affecting stability, integrity, sovereignty and national security have been alleged against the petitioner, this Court is not inclined to pass any favorable orders.”

The news portal was allegedly heavily funded by China in order to “disrupt the sovereignty of India” and incite anti-Chinese sentiment, according to the FIR.
Purkayastha was also accused by the investigation agency of working with the People’s Alliance for Democracy and Secularism (PADS) to manipulate the results of the 2019 Lok Sabha elections.

Parliament security breach: Five of six accused give consent to polygraph examination, Neelam Azad denies

January 5, 2024, 2:26 pm

Five of the six suspects detained on Friday in connection with a security breach in the parliament agreed to take a polygraph exam. Neelam Azad, the accused, rejected the polygraph exam. Additionally, accused Manoranjan and Sagar have given their approval for the tests of brain mapping and narcotic analysis. Additional Sessions Judge (ASJ) Hardeep Kaur noted the accused parties’ affirmative and negative responses. The court further ordered that all accused individuals remain under police custody for an additional eight days. Before the court were all of the accused. For a legal meeting regarding the polygraph test, Legal Aid Counsel requested fifteen minutes. The same was approved by the court.

Thereafter accused Amol Shinde, Lalit Jha, Manoranjan D, Sagar Sharma, and Mahesh Kumawat gave their consent for the Polygraph test. In addition, Manoranjan and Sagar Sharma gave their consent for the Narco analysis and Brain mapping test. However, the accused Neelam Azad denies consent for the polygraph test.
Meanwhile, Delhi police sought a further 8 days of custody for the confrontation of mobile data. The special public prosecutor (SPP) Akhand Pratap submitted that a Polygraph of all six accused is required and in addition the Narco and Brain mapping of Manoranjan and Sagar.

Legal Aid Counsel objected to the police custody, arguing that judicial custody could be used for both the data confrontation and the polygraph. Additionally, SPP stated that they will receive mobile phone data from the FSL by Monday. Additionally, SPP stated that UAPA gave the agency the authority to hold suspects for up to 30 days.

Amit Shah scheduled to chair high-level security review meeting on J-K tomorrow

January 1, 2024, 4:00 pm

According to sources, Union Home Minister Amit Shah is expected to preside over a high-level security review meeting on Jammu and Kashmir on Tuesday in the nation’s capital. The meeting will cover topics such as the security grid and zero terror plan, as well as the state of law and order. The Home Minister will examine how the security grid operates, as well as other security-related issues and development projects in the Union Territory, during the afternoon meeting. The Home Minister is reportedly going to go over the UAPA cases, the law and order situation, the area dominance plan, the zero terror plan, and other security-related matters.

Jammu and Kashmir Lieutenant Governor Manoj Sinha, Chief Secretary Atal Dulloo, and Director General of Police RR Swain would be present in the meeting, sources said.
The meeting will also be attended by National Security Advisor Ajit Doval, Union Home Secretary Ajay Bhalla, Director Intelligence Bureau Tapan Deka, Director Generals of Police of Central Reserve Police Force and the Border Security Force besides concerned officers of the Ministry of Home Affairs and Jammu and Kashmir.
The Centre had notified a New Central Sector Scheme for Industrial Development of Jammu and Kashmir in 2021 with an outlay of Rs 28, 400 crore to boost industrial development. Home Minister may review the development projects of the Union Territory.

Two groups declared as ‘Terrorist Organisations’ under UAPA in last 3 years: MHA

December 7, 2022, 6:56 pm

Minister of State for Home Affairs Nityanand Rai stated that India has designated two organisations as “terrorist organisations” that have been outlawed over the past three years.

Kartikey Sharma, a member of the Rajya Sabha, requested information on any banned organisations that have been associated with terrorism of any kind in the nation over the previous three years. In response, MoS Rai stated that as of 2019, Tahreek-ul-Mujahideen (TuM) and all of its manifestations, Jamat-ul-Mujahideen Bangladesh, Jamat-ul-Mujahideen India, and Jamat-ul-Mujahideen Hindustan and all of its manifestations, have all been designated as “Terrorist Organizations” under the provisions of the Unlawful Activities (Prevention) Act, 1967.

The Student Islamic Movement of India (SIMI), the Liberation Tigers of Tamil Eelam (LTTE), the Islamic Research Foundation (IRF), Jamaat-e-Islami (JeI), Jammu and Kashmir, the Jammu and Kashmir Liberation Front (Y), Sikhs for Justice, and the Popular Front of India are among the additional seven organisations based in the hinterland and in Jammu-Kashmir that have been designated as Unlawful Associations for their involvement in various illegal activities.

When asked if any state is becoming a hub for terrorist activity, he responded that India’s terrorism is mostly funded from outside the country. International terrorist organisations and some foreign organisations hostile to India have been attempting to radicalise individuals through the use of religion and entice individuals towards terrorism through the use of social media platforms.

The minister declared that the government’s approach to combating terrorism is one of zero-tolerance. At the federal and state levels, there are strong cooperation channels between intelligence and security agencies. According to him, the Multi Agency Center (MAC) has been strengthened and reorganised to enable it to operate 24 hours a day, seven days a week, for the purpose of collecting and sharing intelligence in real time among intelligence agencies and states.

The Central Armed Police Forces (CAPF) and National Security Guards (NSG) have also been stationed at various locations across the nation to support the States in responding to such incidents, he added. States have also established special forces to deal with terror activities.

Rai stated that all such elements, including those in vulnerable areas and organisations engaged in the radicalization of a specific segment of society, are continuously monitored by the agencies whose actions have an impact on the nation’s internal security and law and order situation.

In response to a question about steps being taken to stop the funding of terrorist activities in the nation, Rai stated that the Unlawful Activities (Prevention) Act, 1967, has been strengthened, among other things, by making the production, smuggling, or circulation of fake Indian currency notes a terrorist act and expanding the definition of “proceeds of terrorism” to include any property intended to be used for terrorism.

Recently, India organised the 3rd ‘No Money for Terror” Ministerial Conference in New Delhi in order to bring the international community on a common platform and build consensus for countering terrorism financing.

SC directs activist Gautam Navlakha to be placed under house arrest on medical ground

November 10, 2022, 3:01 pm

The Supreme Court granted civil rights activist Gautam Navlakha’s request to be released from Taloja Central Jail due to his medical conditions on Thursday and ordered him to be placed under home arrest for one month.

For his suspected involvement in the Bhima Koregaon incident, Navlakha (70) is a suspect under the Unlawful Activities Prevention Act (UAPA).

He has been suspected of having ties to the Communist Party of India, a banned Naxal organisation, by the National Investigation Agency (NIA), which is looking into the case against him (Maoist).

A bench of justices KM Joseph and Hrishikesh Roy said the order is being made on an experimental basis by allowing Navlakha to stay at a property in Belapur, Navi Mumbai with his 71-year-old partner, while imposing several conditions on him and his partner during their stay there.

The petitioner will not be allowed to use a mobile phone, laptop, internet, or any other communication device while in custody, the Court said. However, his companion will be permitted to make and receive calls using a simple cell phone. Navlakha was not allowed to use his partner’s phone but was given permission to use the phone of a police officer for a 10-minute conversation.

The court ordered Navlakha to first provide two local sureties of 2 lakh each and submit an upfront deposit of 2.40 lakh to the Maharashtra government for the provision of round-the-clock armed security officers outside the residence because he is still in detention and is not out on bail.

The petitioner was instructed to install CCTVs outside the entrances to the residence and rooms after giving the NIA and state government 48 hours to screen the property.

The petitioner has not been allowed to travel outside of hospital visits for medical emergencies and court appearances in Mumbai while the issue is being tried.

During his stay, the Court directed that no person will be allowed to meet the petitioner except two family members in a week. Their names shall be provided in advance by petitioner to NIA in three days.

The Court granted him access to this facility and instructed the petitioner to give notice in advance of the names of the attorneys who will represent him while under house arrest in accordance with the jail manual.

However, the Court gave him permission to leave the building while being escorted by police officers due to his high blood pressure and lumbar and cervical spondylitis. Additionally, he will have access to books, newspapers, and television.

The Court said that its order is not final and will be up for review after a month by when the petitioner has to furnish a fresh medical report of his health condition from KEM Hospital, based on which the Court will take a further call on extending his house arrest.

Owaisi opposes PFI ban, says ‘every Muslim youth will now be arrested’

September 28, 2022, 2:34 pm

The leader of AIMIM, Asaduddin Owaisi, criticised the Popular Front of India’s five-year suspension while making it clear that his stand is not in favour of PFI either.

From his opposition to the UAPA, he said a draconian ban of this kind is dangerous as it is a ban on any Muslim who wishes to speak his mind. “The way India’s electoral autarky is approaching fascism, every Muslim youth will now be arrested with a PFI pamphlet under India’s black law, UAPA,” he tweeted.

Muslims have spent decades in prison before being acquitted by courts. I have opposed UAPA & will always oppose all actions under UAPA. It runs afoul the principle of liberty, which is part of basic structure of the constitution,” Owaisi tweeted.

Owaisi claimed that this case will follow the timeline of Siddique Kappan, a journalist from Kerala who was detained in 2020 while heading to Hathras, where any activist or journalist is unjustly imprisoned and it takes two years to even obtain bail. To report the gangrape and murder of a Dalit woman, Kappan was heading to Hathras. The Uttar Pradesh government filed charges against him under the UAPA. After serving two years in prison, Kappan was released on bail in 2022.

“How come PFI is banned but organisations associated with convicts of Khaja Ajmeri bomb blasts aren’t? Why has govt not banned right wing majoritarian organisations?” Owaisi said.

Owaisi said he always opposed PFI’s approach but he can’t support the ban on the PFI. “Actions of some individuals who commit crime does not mean that the organisation itself must be banned,” the Hyderabad MP said.