Record Indicates They Conspired To Transform India Into Islamic Country: Bombay High Court Denies Bail To Alleged PFI Members

The Bombay High Court on Tuesday denied bail to three alleged members of the banned organization Popular Front of India (PFI) booked for allegedly conspiring to “overawe the Government by use of criminal force” and “transform India into an Islamic country by 2047”.

A division bench of Justice AS Gadkari and Justice Shyam C Chandak rejected the appeals filed by three accused against the orders of the Special Judge, Nashik, which had previously rejected their bail applications.

“Record of investigation indicates that, the Appellants in connivance with other Accused persons conspired to overawe the Government by use of criminal force. The first information report is self-eloquent. There is more than sufficient material available on record in the form of statements of witnesses and the documents seized from the electronic devices of the Accused persons that, they indulged into activity of inciting like minded people to join them to overawe the Government by use of criminal force. They also conspired to transform India into an Islamic country by 2047. They are not only propagators but actively intending to implement the Vision-2047 document of their organization”, the court observed.

The appellants are booked sections 121-A (conspiracy to commit offences against the state), 153-A (promoting enmity between different groups), 120-B (criminal conspiracy) of IPC and 13(1)(b) of UAPA.

According to the prosecution, on June 14, 2022, an inaugural ceremony for a new PFI office in Malegaon was followed by a secret meeting where the accused, including the present appellants Razi Ahmed Khan, Kayyum Abdul Shaikh, Unais Umar Khaiyyam Patel discussed various atrocities, such as mob lynching, against the Muslim community in India.

They allegedly emphasized the need for unity within the Muslim community to wage a war against the country and encouraged attendees to communicate with like-minded individuals to create an anti-government atmosphere. The alleged head of PFI in Malegaon issued a 'Fatwa' calling for the killing of anyone who spoke against the Muslim religion, the prosecution has alleged.

The prosecution opposed the bail relying on evidence from the investigating officers' affidavits stating that the appellants were actively involved in the conspiracy and had specific roles within the organization.

The HC concluded that there was substantial evidence linking the accused to the alleged conspiracy. The investigating officer's affidavit indicated that the appellants were in continuous contact and had specific responsibilities within the organization, the court noted.

The court added, “There are statements of more than 20 witnesses, multiple conversations between members of the Association inter-se and overwhelming electronic evidence to demonstrate that, the Appellants in connivance with other accused persons have systematically undertaken activities which are detrimental to the interest and integrity of the nation…Even if no overt act or violations has been carried out till today, the material on record clearly indicates that prima facie evidence of conspiracy to commit offence/s punishable under Section 121 of the IPC is made out”.

The court observed that the evidence discloses that the Appellants participated spread hatred against the State, spread anti-national agenda by creating WhatsApp groups and circulating messages detrimental to the interest of the nation.

“It is also revealed that, the Appellants shared a document by name Vision-2047. The said document is basically propounded by the PFI which the Appellants are professing…Perusal of material/evidence on record clearly indicates that, the Appellants entered into a wide spread conspiracy to give ultimate effect to the Vision-2047 document”, the court added.

The HC rejected the contention one of the appellants that there is no act or omission at his behest to further the Vision document-2047, and the conspiracy to achieve the object of Vision-2047 is too distant that till an accused incites people to achieve the goal, it will not be an offence.

“taking into consideration the tropical and geographical vastness of India, to bring the said act in reality it may take that much period, may be the calculation of the Accused persons and therefore it may be the reason that they have termed their document as “Vision-2047””, said the court.

The court concluded that the trial court had not erred in rejecting the bail applications, as there was a strong prima facie case against the appellants. Further, it opined that that releasing the appellants on bail could lead to tampering with evidence. Consequently, the court dismissed the appeals and upheld the trial court's orders.

Recognizing the gravity of the charges, the HC requested the trial court to expedite the proceedings in the case and conclude the trial within one year from the receipt of this judgment.

Case no. – Criminal Appeal No. 883 of 2022

Case title – Razi Ahmed Khan v. State of Maharashtra

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