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

The Allahabad High Court on Thursday granted bail to 3 alleged leaders of the Popular Front of India (PFI) who were arrested in September 2022 by the UP STF (Special Task Force) on the allegations of planning to infiltrate the Rashtriya Swayamsevak Sangh (RSS).

A bench of Justice Karunesh Singh Pawar granted bail to the accused (Sufiyan, Mohd. Faizan, and Mohd. Rehan) as it noted that they have been in jail since September 27, 2022. However, to date, the trial in the case against them has not commenced.

The prosecution has alleged that UP STF received information about members of the Popular Front of India (PFI) inciting Muslims to kill Hindus, advocating for an Islamic state in India, spreading religious hatred, aggravating religious disharmony agenda, reestablishing Babari Masjid, etc.

On September 27, 2022, based on information from an informer, the UP STF nabbed three accused persons on the following allegations:

Mohd. Faizan was found with a mobile phone, an Urdu book, documents promoting an Islamic state in India by 2047, instructions for making IEDs, and photos of Babri Masjid and riots. Mohd. Rehan also possessed similar documents and identification cards. 

Sufiyan was arrested with documents similar to the others, a mobile phone containing provocative WhatsApp messages, and a motorcycle without papers. He allegedly admitted to PFI membership and its mission to incite Muslims, disrupt national unity, and promote an Islamic state by 2047 through violent means and distribution of inflammatory literature.

All the persons stated themselves to be members of PFI and further exclaimed that their mission is to "provoke the Muslims to become orthodox, challenge the unity and fraternity of the nation, spread social hatred, make members in various parts of India, destroy Indian nation to transform it as Islamic nation till the year 2047, killing Hindus exclaiming them as Kafirs, distributing such literature amongst Muslim which could provoke them for religious Jehad so that Hindus can be extinguished, muslim population be increased, Hindu religion may get damaged and they can evolve as political power".

It was also alleged that they held an object and established a cell to intrude into Hindu organizations and Rashtriya Swayam Sewak Sangh to receive sensitive information. The PFI commanders were training around 50 members.

All the accused were booked under Sections 121-A, 153-A, 295-A IPC.

Seeking bail in the case, the counsel for applicants submitted before the High Court that mere recovery of pamphlets with objectionable content against the State is not enough to invoke Section 121-A IPC.

It was also argued that for the other offences under Sections 153- A and 295-A IPC, the maximum sentence is up to three years, and the applicants have already been languishing in jail for the last year and eight months; thus, they have been incarcerated enough.

Lastly, it was contended that the applicants have no previous criminal history. The charge sheet in the case has been filed; however, to date, the trial has not commenced. The applicants undertook cooperation in the trial.

After considering the submissions advanced, perusing the record, and considering the Supreme Court's judgments in Vernon v. State of Maharashtra 2023 LiveLaw (SC) 575 and Javed Gulam Nabi Shaikh vs. State of Maharashtra and another 2024 LiveLaw (SC) 437, and the fact that the applicants have no criminal history, the Court granted them bail.

Case title - Mohd. Rehan vs. State Of U.P. Thru. Prin. Secy./Addl. Chief Secy. Home Lko. and two connected petitions 2024 LiveLaw (AB) 458

Case citation: 2024 LiveLaw (AB) 458

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