Delhi High Court Extends Custody Parole Of PFI National Coordinator By Two Hours For Daughter’s Wedding In Kerala

The Delhi High Court on Wednesday extended the custody parole of Popular Front of India’s National Coordinator Ibrahim Puthanathani, accused in a UAPA case registered by NIA, from four hours to six hours to enable him attend his elder daughter’s wedding in Kerala. 

The UAPA case was registered against PFI, its leaders and cadres. NIA’s chargesheet against Puthanathani alleges that he was responsible for organizing and conducting arms training camps across various states on behalf of Popular Front of India.

A special NIA court on May 24 had granted custody parole to Puthanathani for four hours to visit Kerala for attending his daughter’s wedding. He then moved the High Court challenging the trial court order with a prayer to grant him interim bail.

A vacation bench of Justice Jasmeet Singh and Justice Vikas Mahajan disposed of Puthanathani’s plea and extended the custody parole granted to him from four hours to six hours. However, the bench refused to enlarge him on interim bail.

Advocate Kartik Venu representing Puthanathani submitted before the court that his client does not have to be a mere spectator of the wedding and will have to perform various responsibilities before and after the marriage.

“The allegations may be grave and are made under a special law but I cannot be a flight risk for attending my daughter’s wedding,” Venu submitted.

As the bench was initially willing to extend the custody parole period from four hours to 12 hours, the special public prosecutor appearing for NIA opposed the same and said that as per relevant Rules, the period can only be extended to six hours.

Accordingly, the court ordered:

“Since the applicant has to go to Kerala where the marriage of his daughter is scheduled for June 18 and the expenses are to be borne by the applicant, we are inclined to extend the custody parole from four hours to six hours.”

The bench added that all other conditions imposed by the special NIA court shall remain unchanged. “The application is allowed and disposed of accordingly,” the court said.

The FIR registered by NIA alleges that various PFI members were conspiring and collecting funds from India and abroad for committing terrorist acts in multiple states. It also alleges that the PFI members were involved in radicalizing and recruiting Muslim youth for proscribed organisations like ISIS.

The FIR was registered under section 120B and 153A of the Indian Penal Code, 1860 and section 17, 18, 18B, 20, 22B 38 and 39 of the Unlawful Activities (Prevention) Act, 1967.

In a press release, NIA said that its probe revealed that PFI cadres were being “systematically trained” in use of weapons in the guise of Physical Education(PE) classes in different parts of India and that Ibrahim had designed the Syllabus for the Advanced Physical and Arms training courses.

“He was travelling across the length and breadth of the country to coordinate and supervise such Arms Training Camps. Ibrahim Puthanathani K has been charged under sections 120B, 121A, 122, 153A of IPC, sections 13, 18, 18A,18B of the UA (P) Act. The NIA has also invoked additional charges under sections 38, 39 of the UA (P) Act against the PFI, as an organization,” the press release added.

Title: IBRAHIM PUTHANATHANI v. NIA

Citation: 2023 LiveLaw (Del) 514