The Aurangabad Bench of the Bombay High Court has granted bail to three accused persons associated with the Popular Front of India (PFI), observing that mere participation in meetings, speeches or karate training sessions cannot, prima facie, be construed as committing a terrorist act under the Unlawful Activities (Prevention) Act (UAPA).
A Division Bench comprising Justices Nitin B. Suryawanshi and Sandipkumar C. More passed the order while hearing criminal appeals filed by Sayyad Faisal Sayyad Khaleel, Abdul Hadi, and Shaikh Irfan Shaikh Salim alias Irfan Milli, who had been denied bail by the trial court in a case registered under the UAPA, the Indian Penal Code (IPC), the Arms Act, and the Maharashtra Police Act.
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“When the FIR was registered and appellants were arrested, PFI was not declared a terrorist organisation within the meaning of Section 2(m) of UAPA. Merely because appellants participated in the meetings, seminars or physical training of karate etc., prima facie, it cannot be said that they have indulged in any terrorist act,” the Bench observed.
In its detailed order, the court noted that mere participation in seminars or camps would not, prima facie, amount to a terrorist act. “Though, weapons are recovered from appellant, it is not the case of prosecution that those were used for any terrorist activity and/or for toppling the Government,” the order stated.
