Court Questions Delhi Police Probe While Granting Bail To Eight Persons in Case Linked To PFI Ban

11/29/22, 7:51 PM Court Questions Delhi Police Probe While Granting Bail To Eight Persons In Case Linked To PFI
s In Case Linked To PFI Ban
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NEWS UPDATES
Court Questions Delhi Police Probe While

Granting Bail To Eight Persons In Case
Linked To PFI Ban
LIVELAW NEWS NETWORK 29 Nov 2022 7:05 PM
https://www.livelaw.in/news-updates/granting-bail-to-eight-persons-in-pfi-case-delhi-court-questions-police-claims-215366 1/15
11/29/22, 7:51 PM Court Questions Delhi Police Probe While Granting Bail To Eight Persons In Case Linked To PFI Ban
Granting bail to eight accused in a case registered in connection with the ban
on Popular Front Of India, a Delhi Court on Monday said that the police has
not been able to show sufficient evidence to justify how the accused persons
carried out the alleged unlawful activities when they were in custody from
September 27 and remained in Tihar Jail till October 03 or October 04.
Additional Sessions Judge Sanjay Khanagwal said the record shows that
accused persons were already in preventive custody when the ban on PFI
came into effect and were arrested again, soon after their release from Tihar
Jail.
"The IO has not been able to show sufficient incriminating material against
the accused persons collected during the investigation that as to when
accused persons were in custody from 27.09.2022 and remained in Tihar Jail
till O4.10.2022 or 03.10.2022, then how the accused persons have carried
out such an activities which are aimed at advocating, abetting or
inciting/assisting any unlawful activity of unlawful organization," the court
said in the order.
After the PFI was banned in September, an FIR was registered at Shaheen
Bagh Police station on September 29 on the basis of apprehension of acts to
be done by the members of "unlawful association".
According to the police, Mohd Shoaib, Abdul Rab, Habeeb Asghar Jamali and
Mohd Waris Khan were arrested in the case on October 03 after information
was received that some persons were raising slogans of 'PFI Zindabad'. The
police allegedly recovered six flags of PFI from them. Similarly, the police
said Abdullah, Sheikh Gulfam Hussain, Mohd Shoeb and Mohsin Waqar were
arrested on October 05 and some flags of PFI alognwith pamphlets reading
'PFI Zindabad' were recovered from them.
Prior to their arrest, all the accused had been detained under Section
107/151 CrPC. While Shoaib, Rab, Jamali and Waris were released from
preventive detention on October 02, Abdullah, Hussain, Shoeb and Mohsin
were released on October 04.
The court in the order said that the investigating officer has submitted that
the bank details of PFI have been recovered and investigation is going on to
establish the link of the accused persons with that bank account.
However, the court added: "The material collected during the investigation is
silent as to the role of accused persons in financial activities or in advocating
the activities of unlawful organisation after its ban being its member.
Although IO has submitted that further investigation in this regard is still
going on."
On the police's argument that Call Detail Records of the accused persons are
to be analysed, the court said they are already in the possession of the IO
"and even from that also, nothing could be shown to prove that the accused
persons were involved in unlawful activity from the date of declaring PFI as
unlawful organisation till their arrest in the present case".
The court further said that there is no allegation of involvement of accused
persons in any terrorist activities, and that offences alleged against the
accused persons is not punishable for more than seven years.
"It is rightly pointed out by Ld. Defence counsel that FIR in the present
case was registered against the accused persons for commission of
offence under Section 10 and 13 of UAPA and Section 153A/120B IPC.
Offence of Section 10 and 13 of uAPA are not the part of strict
restriction on bail under Chapter IV and VI as provided u/s 43-D of
UAPA. No previous criminal antecedents of the accused persons have
been shown. The offence primarily against the accused persons is
about being members of the organisation which was declared unlawful
vide notification dated 29.09.2022 and the accused persons were
found advocating, abetting and assisting unlawful activities of the
banned organisation i.e. Rehab India Foundation, All India Imams
Council (AlIC) and PFI by raising slogans and from their possession,
incriminating material like flags, pamphlets etc were recovered."
Advocate Mujeeb Ur Rehman, representing the accused, earlier argued before
the court that they were unlawfully picked up and detained by the police
officials. "It is further submitted that they were infact picked up from the jail
itself and were not apprehended from the place as alleged against them," the
court recorded in the order.
TAGS DELHI COURT POPULAR FRONT OF INDIA PFI BAN SHAHEEN BAGH UAPA
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Court Questions Delhi Police Probe While Granting Bail To Eight Persons in Case Linked To PFI Ban

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11/29/22, 7:51 PM Court Questions Delhi Police Probe While Granting Bail To Eight Persons In Case Linked To PFI

s In Case Linked To PFI Ban

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TOP STORIES NEWS UPDATES COLUMNS INTERVIEWS ENVIRONMENT RTI

Home / News Updates / Court Questions Delhi...

Court Questions Delhi Police Probe While

September 27 and remained in Tihar Jail till October 03 or October 04.

the accused persons collected during the investigation that as to when

out such an activities which are aimed at advocating, abetting or

inciting/assisting any unlawful activity of unlawful organization," the court

said in the order.

Bagh Police station on September 29 on the basis of apprehension of acts to

be done by the members of "unlawful association".

arrested on October 05 and some flags of PFI alognwith pamphlets reading

'PFI Zindabad' were recovered from them.

preventive detention on October 02, Abdullah, Hussain, Shoeb and Mohsin

were released on October 04.

silent as to the role of accused persons in financial activities or in advocating

Although IO has submitted that further investigation in this regard is still

unlawful organisation till their arrest in the present case".

The court further said that there is no allegation of involvement of accused

accused persons is not punishable for more than seven years.

case was registered against the accused persons for commission of

offence under Section 10 and 13 of UAPA and Section 153A/120B IPC.

Offence of Section 10 and 13 of uAPA are not the part of strict

restriction on bail under Chapter IV and VI as provided u/s 43-D of

UAPA. No previous criminal antecedents of the accused persons have

been shown. The offence primarily against the accused persons is

about being members of the organisation which was declared unlawful

vide notification dated 29.09.2022 and the accused persons were

found advocating, abetting and assisting unlawful activities of the

banned organisation i.e. Rehab India Foundation, All India Imams

incriminating material like flags, pamphlets etc were recovered."

Advocate Mujeeb Ur Rehman, representing the accused, earlier argued before

court recorded in the order.

Subscribe to LiveLaw, enjoy Ad free version and other unlimited features,

SIMILAR + VIEW MORE

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Jail Before Conviction Is A Sort Of Punishment As Conviction Rate Is

'Abysmally Low' In Our Country, : PH High Court

6 Plea To Enforce Fundamental Duties : Supreme Court Grants Last

7 PFI Ban : Karnataka High Court Reserves Judgment On Plea Challenging

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4. Manager Vacancy At Administrative Staff College Of India

5. Legal Assistant Vacancy At National Institute Of Technology, Tiruchirappalli

TOP STORIES KNOW THE LAW