'National Security Paramount': SC Overturns Madras HC Order Granting Bail To 8 Alleged PFI Members

Supreme Court on Wednesday ordered cancellation of bail granted by the high court to eight persons who allegedly belonged to the banned terrorist group Popular Front India (PFI).

The top court overturned the high court order taking note of the gravity and severity of the offences.

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Supreme Court on Wednesday ordered cancellation of bail granted by the Madras high court to eight persons who allegedly belonged to the banned terrorist group Popular Front India (PFI) after observing that the accusations against them are prima facie true.

A vacation bench of Justice Bela M Trivedi held that national security is always of paramount importance and any terrorist act violent or nonviolent is liable to be restricted.

The top court cancelled bail to the 8 men accused noting that the mandate of Unlawful Activities Prevention Act (UAPA) under section 43D(5) would be applicable for not releasing the respondents on bail in this case.

The top court overturned the high court order taking note of the gravity and severity of the offences.

"Prima facie a case has been made out in terms of the materials placed before us by the agency," the bench observed while rejecting bail.

The apex court directed an expedited trial and further said that since the period of custody undergone by the accused was merely 1.5 years and there is a prima facie material collected during the course of the investigation, the high court verdict granting bail cannot be sustained.

In October 2023, the Madras High Court had granted bail to the 8 men who were allegedly office bearers, members and cadres of the banned terrorist organisation PFI and were charged under the UAPA for conspiring to commit terrorist acts in various parts of India.

The high court while granting bail and overturning a special court order opined that the documents collected by the NIA did not link any of the eight men directly to the offences alleged and hence the special court had erred in denying them bail.

The high court had observed that when the activities of eight men are seen with a "jaundiced eye", probably, the NIA seems to believe them to be activists of the unlawful Organisation.

"In the absence of any material connecting appellants to the ''vision document'', every serious accusation appears to be based on probabilities, by assumption. In other words, the opinion formed is without any direct evidence or proof,” the court said.

The NIA alleged that these eight men had hatched a conspiracy to unleash terrorist acts against perceived anti-Islamic forces of other religions by deploying its 'hit squads', to attack, assault, maim and murder them with an intention to threaten the unity, integrity, security and sovereignty of India and with an intention to strike terror.