Bombay HC grants bail in 2022 PFI UAPA case, citing lack of evidence | File Image
Mumbai: The Bombay High Court on Friday granted bail to lawyer Shaikh Sadique Isaq Qureshi, arrested by the Anti-Terrorism Squad (ATS) in September 2022 for alleged links to the banned Popular Front of India (PFI) under the Unlawful Activities (Prevention) Act (UAPA) and Indian Penal Code (IPC).
A bench of Justices Sarang Kotwal and SM Modak allowed Qureshi’s appeal against a special court’s December 2023 order that had rejected his bail plea.
In a detailed order, the HC said that that the “statements of the witnesses in the case nowhere suggest that appellant had carried on any activities which were in furtherance of the objectives of the road-map document” of PFI. It further observed, “There is nothing to show that the Appellant had the requisite knowledge. At the highest, the material against him shows that he was in touch with the other members of PFI who were aware of the road map.”
The court also considered the prolonged trial process, as charges were yet to be framed and the prosecution planned to examine at least 60 of the over 250 witnesses listed in the chargesheet. Given that Qureshi had already spent more than two and a half years in custody, the court held that he deserved to be released on bail.
According to the ATS, its officers had received intelligence that PFI members were conspiring to revolt against the Indian government. The chargesheet named Qureshi along with other accused – Mazhar Khan, Momin Moinuddin Gulam Hussain Mistry, Mohammad Iqbal Ibrahim Khan, and Mohammad Asif Adhikari.
The ATS alleged that in February 2022, they organized programs in Dharavi, Kurla, Chembur, and Trombay with the aim of establishing religious rule by replacing the Indian Constitution with their personal law. Qureshi and Adhikari were accused of educating associates about these legal aspects.
However, senior advocate Mihir Desai, representing Qureshi, argued that PFI was banned only on September 27, 2022 — five days after his arrest — meaning he could not have committed an offence under UAPA. They further contended that Qureshi, a practicing lawyer, was merely educating PFI members about their legal rights, which is not a crime.
Additional Public Prosecutor JP Yagnik pointed to the recovery of a document titled Draft Booklet on Roadmap for Regaining the Glory of Islam in India by 2047(1) from one of the accused, calling it a serious national security threat.
The court noted “undoubtedly, the objectives and aim of this document are extremely dangerous”. However, it said that it has to be seen whether there is any material to suggest that Qureshi “was aware of this document, whether he was acting towards fulfillment of those objectives or whether he had committed any act suggesting that he had knowingly committed any acts which helped the PFI to achieve those objectives in any manner”.
The bench remarked that, in the entire record, it did not find anything to show that Qureshi “acted in any manner in support of this document or even propagating ideas and objectives mentioned in that document”.
