LI Network
Published on: December 09, 2023 at 12:47 IST
The Patna High Court has ruled that extending legal assistance to banned organizations, such as the Popular Front of India (PFI) cadre, or conducting interviews for scholarship selection does not fall under any proscribed categories of Terrorist Acts as defined by the Unlawful Activities (Prevention) Act, 1967.
The division bench, comprising Justices Ashutosh Kumar and Alok Kumar Pandey, emphasized that mere membership in a banned organization should not be grounds for denying bail, especially when the trial is expected to be prolonged.
The case involved three criminal appeals filed under Section 21(4) of the National Investigation Agency Act, 2008. The Court granted bail to an advocate, Nooruddin Jangi, accused of offenses under Sections 120, 120B, 121, 121A, 153A, 153B, and 34 of the Indian Penal Code.
The accused appellants, including Jalaluddin Khan, Athar Parwez, and Advocate Nooruddin Jangi, were alleged to be actively involved with the banned organization, PFI, and accused of conspiring to instigate violence for the purported goal of reinstating Muslim rule in India.
Despite the discovery of documents related to unlawful activities during a police raid, the appellants asserted that the finding of ‘hate literature’ did not establish a case against them under the charged sections. They contended that engaging in legal representation and participating in scholarship interviews should not be deemed terrorist acts.
The Court examined police papers, the charge sheet, and sealed statements of protected witnesses. While upholding the rejection of bail for two of the appellants, Jalaluddin Khan and Athar Parwez, the Court found insufficient evidence to establish a prima facie case against Advocate Nooruddin Jangi.
The Court stated that providing legal help or participating in scholarship interviews, even for PFI members, does not meet the criteria for designated terrorist acts.
The Court instructed Advocate Nooruddin Jangi to surrender his passport if he possesses one, report regularly to the investigating officer overseeing the case, and provide his contact information. He is prohibited from influencing or intimidating prosecution witnesses and tampering with evidence. Any breach of these conditions allows the National Investigation Agency to apply for bail cancellation.
This ruling clarifies that certain activities, such as offering legal aid, do not inherently compromise national security or fall within the purview of terrorist acts, as defined by the Unlawful Activities (Prevention) Act, 1967.
Case Title: Jalaluddin Khan @ Md. Jalaluddin vs The Union of India
