National security paramount: Top court cancels bail of eight men linked to banned PFI
7 months, 2 weeks ago

National security paramount: Top court cancels bail of eight men linked to banned PFI

India Today  

Emphasising that national security is of paramount importance and that any terrorist act, violent or non-violent, is liable to be restricted, the Supreme Court on Wednesday cancelled the bail granted to eight men alleged to be members of the banned Popular Front of India and having conspired to commit terrorist acts across the country. A bench of Justices Bela M Trivedi and Pankaj Mithal cancelled the bail granted to all the eight accused by the Madras High Court in October last year. The top court, while refusing to accept the contention that personal liberty is supreme, said, "Having regard to the gravity of the offence and only 1.5 years spent in incarceration, given the maximum punishment, we are inclined to interfere with the high court order granting bail." The Madras High Court, while granting bail to the eight PFI members, had said, "When PFI is declared as an unlawful association and not a terrorist organisation so far, any preparatory act in the context should be construed as one in defence and not to perpetrate any terrorist act."

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History of this topic

Speedy trial takes precedence over anti-terror law provisions: SC
3 weeks, 3 days ago

Speedy trial takes precedence over anti-terror law provisions: SC

Hindustan Times  

New Delhi The Supreme Court on Tuesday ruled that the constitutional right to a speedy trial would have precedence over the stringent provisions of laws such as the Unlawful Activities Act, emphasising that courts cannot let individuals languish in jail indefinitely. A bench of justices Abhay S Oka and AG Masih held that prolonged incarceration without trial constitutes a violation …

UAPA | Supreme Court Refuses To Cancel Bail Of Man Booked Over Alleged ISIS Links, Expunges Madras HC's Remarks
1 month, 2 weeks ago

UAPA | Supreme Court Refuses To Cancel Bail Of Man Booked Over Alleged ISIS Links, Expunges Madras HC's Remarks

Live Law  

The Supreme Court recently refused to cancel the bail granted to one Asif Musthaheen, booked over alleged ISIS links, Al-Qaeda ideology and plans to kill members of Hindu organisations.A bench of Justices Surya Kant and Ujjal Bhuyan passed the order. The Supreme Court recently refused to cancel the bail granted to one Asif Musthaheen, booked over alleged ISIS links, Al-Qaeda …

Calcutta High Court Grants Bail To Man Imprisoned On Suspicion Of Being Associated With Banned Bangladeshi Terrorist Outfit
2 months ago

Calcutta High Court Grants Bail To Man Imprisoned On Suspicion Of Being Associated With Banned Bangladeshi Terrorist Outfit

Live Law  

The Calcutta High Court has granted bail to a Bangladeshi national, who was arrested in 2016, on the suspicion of being associated with the banned terrorist organisation Jamaat-ul-Mujahideen Bangladesh.A division bench of Justices Joymalya Bagchi and Gaurang Kanth allowed the bail application moved by Abdul Kalim alias Azad.It was stated that the petitioner was in custody for more. The Calcutta …

NIA Files 17 Appeals to Challenge Kerala High Court Order on PFI Members
2 months, 3 weeks ago

NIA Files 17 Appeals to Challenge Kerala High Court Order on PFI Members

Deccan Chronicle  

National Investigation Agency (NIA) has filed 17 separate appeals regarding the Kerala High Court order granting bail to 17 members of the banned Popular Front of India (PFI). The high court's order imposed stringent conditions on their bail, including sharing mobile numbers and real-time GPS locations with the investigating officer, surrendering passports, and remaining within Kerala.

Delhi High Court Denies Interim Bail To PFI Chairman Under UAPA, Says Accused Yields Wide Influence
4 months, 1 week ago

Delhi High Court Denies Interim Bail To PFI Chairman Under UAPA, Says Accused Yields Wide Influence

Live Law  

The Delhi High Court denied interim bail to the Chairman of the Popular Front of India, charged under the Unlawful Activities Act, who sought bail to meet his wife suffering from mental health disorder due to their daughter's death. The High Court stated that “In the present appeal, the Court has to weigh the reasons set out by the Appellant …

Trial Yet To Begin Since Sept 2022 Arrest: Allahabad HC Grants Bail To PFI 'Leaders' Accused Of Planning To Infiltrate RSS
5 months, 2 weeks ago

Trial Yet To Begin Since Sept 2022 Arrest: Allahabad HC Grants Bail To PFI 'Leaders' Accused Of Planning To Infiltrate RSS

Live Law  

The Allahabad High Court on Thursday granted bail to 3 alleged leaders of the Popular Front of India who were arrested in September 2022 by the UP STF on the allegations of planning to infiltrate the Rashtriya Swayamsevak Sangh.A bench of Justice Karunesh Singh Pawar granted bail to the accused as it noted that they. The Allahabad High Court on …

Bombay HC denies bail to 3 PFI members, says they conspired to transform India into Islamic State
6 months, 4 weeks ago

Bombay HC denies bail to 3 PFI members, says they conspired to transform India into Islamic State

Op India  

On Wednesday, the Bombay High Court denied bail to three Islamists associated with the banned terrorist organization the Popular Front of India. The court declined the bail saying that the the accused and the banned organization planned to turn India into an Islamic state by 2047. In its ruling, the high court stated that there was evidence on the record …

UAPA case: Supreme Court cancels bail of eight suspected members of banned PFI
7 months, 2 weeks ago

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

New Indian Express  

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 …

[UAPA] Framing Charges By Itself Is Not Sufficient To Deny Bail: J&K High Court Grants Bail To Woman Accused Of Harboring Terrorist
9 months, 2 weeks ago

[UAPA] Framing Charges By Itself Is Not Sufficient To Deny Bail: J&K High Court Grants Bail To Woman Accused Of Harboring Terrorist

Live Law  

Granting bail to a woman accused of harbouring a terrorist the Jammu and Kashmir and Ladakh High Court has observed that framing charges under stringent anti-terror laws is not enough to deny bail if the accused presents a case for release. In allowing her plea for bail a Division bench comprising Justices Tashi Rabstan & Puneet Gupta observed, “The framing …

Telangana HC grants bail to 7 associated with PFI in terror case
9 months, 3 weeks ago

Telangana HC grants bail to 7 associated with PFI in terror case

New Indian Express  

HYDERABAD: The Telangana High Court has granted bail to seven individuals associated with the Popular Front of India, who were accused of involvement in terrorist activities. The defence team argued that the accused were engaged in legitimate activities before the PFI was banned and highlighted the various professions of the accused, ranging from welder to vegetable vendor, and emphasised their …

NIA Case Accused Granted Bail by HC
9 months, 3 weeks ago

NIA Case Accused Granted Bail by HC

Deccan Chronicle  

Hyderabad: A two-judge panel of Justice K. Lakshman and Justice P. Sree sudha of the Telangana High Court enlarged on bail nine persons accused of terrorist activities and facing prosecution before the Special Court for NIA cases in nine cases. The panel allowed criminal appeals against judgments of the Special Court dismissing bail applications by various accused who are members …

SC denies bail to alleged member of Sikhs for Justice in UAPA case
11 months ago

SC denies bail to alleged member of Sikhs for Justice in UAPA case

New Indian Express  

NEW DELHI: The Supreme Court has denied bail to an alleged Khalistani separatist, Gurwinder Singh, who is purported to be a member of banned outfit 'Sikhs for Justice', after noting that prima facie his complicity in preparation for a terrorist act could not be ruled out. The National Investigation Agency had registered a case and probing the alleged role of …

Absence Of The Accused Is Not Sufficient Reason To Revoke Bail
11 months, 1 week ago

Absence Of The Accused Is Not Sufficient Reason To Revoke Bail

Live Law  

The Supreme Court recently observed that the non-appearance of the accused party is no ground for cancellation of bail. Gavai, Sanjay Karol, and Sandeep Mehta was hearing a criminal appeal arising out of the impugned order of the Calcutta High Court cancelling bail. “.we find that merely because the appellant did not appear personally could not have been a ground …

Unlawful Activities (Prevention) Act permits grant of bail to even foreign nationals in exceptional circumstances, says Madras High Court
1 year ago

Unlawful Activities (Prevention) Act permits grant of bail to even foreign nationals in exceptional circumstances, says Madras High Court

The Hindu  

A special court for National Investigation Agency cases cannot cancel bail granted to a person, accused of attempting to establish Islamic rule in India through unlawful means, just because he was subsequently suspected to be a Sri Lankan national, the Madras High Court has held. A Division Bench of Justices S.S. Sundar and Sunder Mohan allowed an appeal and set …

Supreme Court Upholds Order Of Madras High Court Granting Bail To Lawyer Arrested Under UAPA By NIA For Alleged Links With PFI
1 year, 3 months ago

Supreme Court Upholds Order Of Madras High Court Granting Bail To Lawyer Arrested Under UAPA By NIA For Alleged Links With PFI

Live Law  

The Supreme Court on Tuesday upheld the order of the Madras High Court granting bail to Mohammad Abbas, a Madurai based lawyer who was arrested by the National Investigation Agency under the Unlawful Activities Prevention Act for his alleged links with the banned Popular Front of India organization.A bench of Justice Abhay S Oka and Justice Pankaj Mithal while confirming. …

Supreme Court Half Yearly Bail Digest 2023
1 year, 4 months ago

Supreme Court Half Yearly Bail Digest 2023

Live Law  

Accused cannot be denied bail on the sole ground that the co-accused has not surrendered. State through CBI v. T. Gangi Reddy @ Yerra Gnagi Reddy, 2023 LiveLaw 37 : AIR 2023 SC 457 : 4 SCC 253 : 1 SCR 741 : 2023 INSC 44 Code of Criminal Procedure, 1973; Proviso to Section 167 - Grant of Default Bail …

'Apprehension Of Justice Being Thwarted Because Of Unholy Political Nexus': P&H High Court Denies Bail To Accused In 2014 Murder Case
1 year, 11 months ago

'Apprehension Of Justice Being Thwarted Because Of Unholy Political Nexus': P&H High Court Denies Bail To Accused In 2014 Murder Case

Live Law  

Observing that there is a likelihood of them threatening witnesses and apprehension of justice being thwarted because of an "unholy political nexus", the Punjab and Haryana High Court has denied bail to four accused in a 2014 case of murder of a youth from Tarn Taran. The court further noted that under political patronage enjoyed by the accused persons, the …

Explained | Has bail under PMLA become near-impossible?
2 years, 5 months ago

Explained | Has bail under PMLA become near-impossible?

The Hindu  

The story so far: Recently, the Supreme Court in the case of Vijay Madanlal Chaudhary vs Union of India gave the judicial stamp of approval to the twin conditions of bail under Section 45 of the Prevention of Money Laundering Act, 2002. In the case of Nikesh Tarachand Shah vs Union of India, however, the Court differentiated between the wordings …

PMLA verdict to open floodgates for court petitions across country
2 years, 5 months ago

PMLA verdict to open floodgates for court petitions across country

India Today  

With the Supreme Court upholding the provisions of the Prevention of Money Laundering Act and the wide-ranging powers given to the Enforcement Directorate under this special law, several high-profile cases that have been stalled at various stages of investigation will soon pick up pace. Speaking to India Today, Advocate Ashish Dixit said, “Getting bail now after the Supreme Court’s affirmation …

Merely Attending 'Jihadi' Meetings Of An Organization Which Is Not Banned By Govt Prima Facie Not 'Terrorist Act' Under UAPA: Karnataka High Court
2 years, 8 months ago

Merely Attending 'Jihadi' Meetings Of An Organization Which Is Not Banned By Govt Prima Facie Not 'Terrorist Act' Under UAPA: Karnataka High Court

Live Law  

The Karnataka High Court recently granted bail to one Saleem Khan, an alleged member of the Al-Hind Group which is allegedly reported to be involved in terrorist activities. It said, "The chargesheet filed against accused No.20 clearly depicts his active participation in the offence as a Member of terrorist gang and conspiracy with other accused persons for criminal act and …

Supreme Court asks why U.P. didn’t appeal against Ashish Mishra’s bail
2 years, 9 months ago

Supreme Court asks why U.P. didn’t appeal against Ashish Mishra’s bail

The Hindu  

The Supreme Court on Wednesday confronted the Uttar Pradesh Government, saying the retired judge appointed by the court to monitor the Lakhimpur Kheri case investigation had himself urged the State to appeal against the bail granted to prime accused Ashish Mishra, a Union Minister’s son. He had requested to file an SLP seeking cancellation of the bail order passed by …

Supreme Court Grants Bail To An Accused On Ground Of Co Accused Being On Bail & Likelihood Of Trial Not Being Completed
2 years, 10 months ago

Supreme Court Grants Bail To An Accused On Ground Of Co Accused Being On Bail & Likelihood Of Trial Not Being Completed

Live Law  

Taking into consideration that the co accused who was on bail and there was no likelihood of the trial being completed soon, the Supreme Court recently granted bail to an accused who had been in custody since 2020.The bench of Justices LN Rao and BR Gavai granted bail in SLP assailing Punjab and Haryana High Court's order dated September 20,2021 …

Punjab High Court rejects Akali leader Majithia’s anticipatory bail in drugs case
2 years, 11 months ago

Punjab High Court rejects Akali leader Majithia’s anticipatory bail in drugs case

The Hindu  

The Punjab and Haryana High Court on Monday dismissed anticipatory bail application to former Minister and senior Shiromani Akali Dal leader Bikram Singh Majithia in a case related to allowing illicit drugs smuggling and harbouring offenders involved in the drugs trade. Mr. Majithia counsel Asrhdeep Singh Cheema said the Court has dismissed the anticipatory bail application. The Court had earlier …

UAPA Case : Supreme Court Grants Bail To Thwaha Fasal, Dismisses NIA's Appeal Against Allan Shuhaib's Bail
3 years, 2 months ago

UAPA Case : Supreme Court Grants Bail To Thwaha Fasal, Dismisses NIA's Appeal Against Allan Shuhaib's Bail

Live Law  

The Supreme Court on Thursday restored the Special NIA Court, Kochi's order granting bail to Kerala youth Thwaha Fasal and Allan Shuhaib in a UAPA case over alleged Moist links.The bench of Justices Ajay Rastogi and Abhay Sreeniwas Oka delivered the judgment in the following appeals : The appeal filed by Thwaha Fasal, a journalism student, challenging the judgment of …

Unnao Rape Case: "No Material/Cogent Reason Adduced": Allahabad High Court Dismisses CBI's Plea To Cancel Bail Of Accused
3 years, 3 months ago

Unnao Rape Case: "No Material/Cogent Reason Adduced": Allahabad High Court Dismisses CBI's Plea To Cancel Bail Of Accused

Live Law  

The Allahabad High Court recently dismissed applications for cancellation of the bail filed by the Central Bureau of Investigation. Significantly, the applications were moved by the CBI in the year 2018 pursuant to the observation of Division Bench, in which the Court had asked the CBI to consider as to whether cancellation of bail of accused in the case was …

SC says ‘very unlikely’ it will cancel bail of student activists held in riots
3 years, 5 months ago

SC says ‘very unlikely’ it will cancel bail of student activists held in riots

Hindustan Times  

Frowning upon “hypersensitivity in political matters”, the Supreme Court on Thursday said it is “very unlikely” to send back to jail three student activists, Natasha Narwal, Devangana Kalita and Asif Iqbal Tanha, who were arrested in May last year for allegedly instigating the February 2020 Delhi riots. The bench of justices Sanjay Kishan Kaul and Hemant Gupta made the observation …

"Should This Court Wait Till Right To Speedy Trial Fully Negated?": Delhi High Court While Granting Bail To Delhi Riots Accused Asif Iqbal Tanha
3 years, 6 months ago

"Should This Court Wait Till Right To Speedy Trial Fully Negated?": Delhi High Court While Granting Bail To Delhi Riots Accused Asif Iqbal Tanha

Live Law  

Delivering its verdict in the appeal against rejection of bail of Delhi Riots accused Asif Iqbal Tanha, the Delhi High Court division bench of Justices Siddharth Mridul and Anup Jairam Bhambhani today held that it was of the view that, "no offence under sections 15, 17 or 18 UAPA is made-out against the appellant on a prima facie appreciation of …

Mathura Court Rejects Bail Plea Of 3 Alleged PFI Members Held On Their Way To Hathras
4 years, 1 month ago

Mathura Court Rejects Bail Plea Of 3 Alleged PFI Members Held On Their Way To Hathras

Live Law  

The Mathura Court on Friday rejected the bail plea of 3 alleged PFI activists who were held on their way to Hathras along with a Kerala journalist while they were going to meet the family members of an alleged gang-rape and murder victim.The Additional District and Sessions Judge Mayur Jain rejected the Bail applications of Atiq-ur-Rahman, Masood Ahmad. The Mathura …

'Safety And Security Of Country Gets Priority Over All' : Hubli Court Denies Bail To Kashmiri Students Accused Of Sedition [Read Order]
4 years, 10 months ago

'Safety And Security Of Country Gets Priority Over All' : Hubli Court Denies Bail To Kashmiri Students Accused Of Sedition [Read Order]

Live Law  

An Additional District Judge at Hubli, on Monday rejected the bail application filed by three Kashmiri students arrested on charges of Sedition, for posting Pro-Pakistan video, on social media. Judge Gangadhara K N, while denying bail to Basit Aashiq Sofi,, Talib Majeed, and Amir Mohi Uddin Wani,, said "The safety and security of this Country gets priority over all. The …

Supreme Court stays HC order granting bail to suspected LeT operative
5 years, 1 month ago

Supreme Court stays HC order granting bail to suspected LeT operative

India TV News  

The Supreme Court has stayed the Bombay High Court's order granting bail to an alleged member of banned terror outfit Lashkar-­e-­Taiba after the NIA said that the nation's security might be affected if the accused is allowed to be at large. The apex court said that National Investigation Agency is at liberty to re-arrest Mohammed Irfan Gaus, the accused who …

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