PFI Arrests: Copy Of FIR Provided, Remand Application Can't Be Supplied As It Contains Confidential Information: NIA to Delhi High Court

The National Investigation Agency (NIA) Monday informed the Delhi High Court that copy of the FIR and the grounds of arrest in the case registered against alleged members of Popular Front of India (PFI), has been provided to Mohammad Yusuff, an accused arrested recently in one of the raids conducted by the agency.

Special Public Prosecutor appearing for NIA however objected to the prayer seeking a copy of remand application on the ground that appropriate forum for seeking such relief is the trial court and not the High Court.

The SPP also informed the bench of Justice Anoop Kumar Mendiratta that the remand application prepared by the agency is "akin to the case diary maintained by the investigating officer, adding that the accused does not have an inherent right for supply of the same."

It was also submitted that the copy of remand application cannot be equated with copy of FIR which has been supplied by the agency to accused.

"What all that has to happen has to happen before the trial court. There is a bar under National Investigation Agency Act 2008 that the accused has to go before special judge first and then an appeal can be made to division bench of High Court under Section 21. They have to do all there first and then come here," it was argued.

The SPP added "The remand application is akin to the case diary. It carries all the material we are investigating. The investigation is at a preliminary stage today. The details are confidential and can hamper our investigation if provided. If they want to agitate, they have to move trial court first. Liberty may be granted to them to move the trial court. Let it be decided first."

On the other hand, advocates Adit Pujari, who represents Yusuff, argued that grant of remand application will help the accused to oppose the remand as sought by the agency and that the same will also disclose the allegations made qua the accused.

However, SPP submitted that as the special judge has access to every document, it is for the trial court to take a call as to what document has to be supplied or rejected to the accused.

Accordingly, the court adjourned the hearing to November 11.

The accused persons have been arrested in an FIR alleging that the members of the PFI were indulging in anti-national activities at various offices of the group.

It was on September 28 that the Ministry of Home Affairs declared the PFI and its associates or affiliates or fronts as "unlawful associations" with immediate effect for a period of 5 years in exercise of the powers under Sec 3(1) of UAPA.

Citing their alleged links with terrorist organizations and alleged involvement in terror acts, the Centre proscribed PFI and its affiliates Rehab India Foundation (RIF), Campus Front of India (CFI), All India Imams Council (AIIC), National Confederation of Human Rights Organization (NCHRO), National Women's Front, Junior Front, Empower India Foundation and Rehab Foundation, Kerala.

Various PFI members were arrested as a part of a massive crackdown in several states. The Delhi Police had also raided around 50 locations and arrested more than 30 persons.

Title: Mohammad Yusuff v. NIA