PFI-Phulwari Sharif 'Conspiracy' | 'Prima Facie Case Made Out' : Patna HC Denies Anticipatory Bail To 6 Accused

The Patna High Court has denied anticipatory bail to six accused persons linked to the 'PFI-Phulwari Sharif Terror Module' case. The case concerns the alleged conspiracy to disturb Prime Minister Narendra Modi's July 2022 visit to Bihar.

Considering the materials/evidence collected by the investigating agency in the present case, a bench of Justice Vipul M Pancholi and Justice Ramesh Chand Malviya observed that a prima facie case had been made against the appellants.

Essentially, the accused persons (Manzer Pervez, Abdur Rahman, Mahboob Alam, Shamim Akhtar, Md Khaliquzzaman and Md Amin) seeking anticipatory bail in the case were booked as the co-conspirators by the NIA, which is presently investigating the case.

All the above-named accused, implicated in the case as per the statements made by one Mohd Jalaluddin and one Ataher Parwez, have been accused of shaping "nefarious designs" to disrupt communal harmony and public order by thwarting Prime Minister Modi's scheduled movements.

Importantly, the Patna Police nabbed Jalaluddin and Parwez in a raid conducted in July 2022  The police officials allegedly recovered documents relating to unlawful activities aimed at "disrupting India's sovereignty, causing disaffection against the country, and establishing Pan-Islamic rule in India by subverting the Constitution of India".

Apprehending their arrest, all six appellants moved before the Special Judge, N.I.A., Patna, Bihar, who refused the relief. Consequently, they moved to the High Court with their pleas.

Examining the materials placed before the Court, the Court noted that a conspiracy to disrupt the visit of the Hon'ble Prime Minister to Bihar was hatched which would have had a "disastrous cascading effect" on the public order in the country had the police not been able to thwart it in time.

"The document recovered during the raid in different language speaks volumes about the nefarious design of the accused, who subscribed the ideology of fundamentalist organizations propagating the agenda India 2047 towards Rule of Islamic India, Internal Document," the Court noted.

The Court observed that the extracted data found from the two initially named accused was replete with communally objectionable videos which were circulated to spread religious animosity and hatred.

The Court added that such extracted data also confirmed the appellants' participation in various protests organized by PFI and other organizations under its umbrella.

"From the investigation papers, it would further reveal that prima facie, it can be said that the present appellants have committed the alleged offences punishable under the UAPA and, therefore, the appeals filed by the appellants for grant of anticipatory bail would not be maintainable," the Court categorically observed.

Consequently, the Court upheld the order of the Special NIA Judge rejecting the anticipatory bail pleas of the accused persons.

Case title - MANZER PARWEZ vs Union of India along with connected petitions

Case citation: 2024 LiveLaw (Pat) 39

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