UAPA case: Supreme Court cancels bail of eight suspected members of banned PFI

Allowing the appeal of the NIA, the judges said the allegations against the eight of collecting funds to commit terrorist acts appeared to be 'prima facie true'.
 Supreme Court of India.
Supreme Court of India.(Photo | PTI)

The Supreme Court on Wednesday cancelled the bail granted to eight suspected members of the banned group PFI who were accused of having conspired to commit terrorist acts across the country, noting that the accusations against them are 'prima facie true'.

The apex court passed the order cancelling the bail of the eight members after hearing the appeal of the NIA, which had moved the SC against the grant of bail to them by the Madras HC on October 23 , 2023.

The two-judge bench of the top court, led by Justice Bela M Trivedi and Pankaj Mithal, cancelled their bail after finding merit in the appeal of the NIA, which said that incriminating materials were recovered from them.

Allowing the appeal of the NIA, the judges said the allegations against the eight of collecting funds to commit terrorist acts appeared to be 'prima facie true'.

"Prima facie a case has been made out against them, in terms of the material placed before us by the agency (NIA)," the bench said in its order and cancelled their bail.

Keeping in view the gravity of the offence and the fact that only 1.5 years had been spent in incarceration, the court said it could thereby interfere and cancel their bail in the case.

Setting aside the Madras HC order by which the eight men were granted bail, the apex court said, "Having regard to the gravity of the offence and the only 1.5 years spent in incarceration given the maximum punishment, we are inclined to interfere with the High Court order granting bail. Courts can interfere with orders granting personal liberty if the same is perverse.”

The apex court in its order on Wednesday also directed that the trial be expedited and asked the accused to surrender.

The High Court had in its order granted them bail and did not find any reason to link the accused to any terrorist activities such as the offence of collecting funds for 'committing terrorist acts'.

According to the NIA, the case was registered against the accused for alleged possession of several incriminating documents, including some “pictures with markings” of RSS leaders and other Hindu organisations, suggesting that these leaders were on a “hit list.”

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