SC upholds Madras High Court's grant of bail to lawyer arrested for his alleged links to PFI
New Delhi: The Supreme Court of India upheld the order of the Madras High Court granting bail to Mohammad Abbas, a lawyer from Madurai who was arrested by the National Investigation Agency (NIA) under the Unlawful Activities Prevention Act (UAPA) for his alleged links with the banned Popular Front of India (PFI) organization.
A bench comprising Justice Abhay S Oka and Justice Pankaj Mithal confirmed Abbas' bail and emphasized that he must strictly adhere to the bail conditions; failure to comply might result in the cancellation of his bail. The Supreme Court clarified that the observations made in the bail order would not impact the ongoing trial.
In August 2023, the Supreme Court had stayed the High Court's order granting bail to Abbas while considering the plea filed by the NIA challenging the High Court's decision.
The Madras High Court, on August 2, had granted bail to Abbas, who was arrested in connection with a criminal conspiracy case related to the banned organization PFI. However, on August 3, Abbas was arrested again based on two other FIRs filed against him.
A division bench comprising Justice M Sundar and Justice R Sakthivel of the Madras High Court allowed Abbas' appeal against the Special Court's order under the National Investigation Agency Act, 2008, denying him bail. The High Court dismissed another quash petition filed by the lawyer, stating that arguments related to malicious initiation of proceedings could be raised during the trial.
The High Court rejected an oral request made by the Special Public Prosecutor for a certificate for appeal to the Supreme Court under Article 134-A of the Constitution, citing that Section 43D of UAPA needed interpretation by the Supreme Court. The High Court reasoned that the Supreme Court had already provided interpretations of Section 43D in previous judgments.
Abbas was one of the five individuals arrested by the NIA in May 2023, accused of having connections with the banned organization PFI. According to the NIA, the arrests were made following extensive searches that revealed incriminating materials, including sharp-edged weapons, digital devices, and documents.
During the proceedings, it was argued that Abbas was being victimized as he regularly represented PFI in courts. The NIA countered this claim, stating that they had taken all necessary steps and had incriminating materials, including an audio clip, based on which Abbas was arrested. The Madurai Bar Association office bearers also testified that Abbas had been a regular practitioner for the past 16 years.
Upon reviewing the materials against Abbas, including the audio clip, the High Court observed that they were not sufficient to deny him bail under Section 43D(5) of the UAPA. The court further noted that the organization was banned by the government only after the FIR was filed, and PFI was not listed as a terrorist organization in the first Schedule of the Act but was declared an unlawful association.
The High Court granted bail to Abbas under the condition that he would execute a bond and provide two sureties amounting to One lakh rupees, to the satisfaction of the Special Court. He was also directed not to leave Chennai city without prior permission, to sign before the trial court daily, to use only one mobile phone during the bail period, and to surrender his passport before the trial court if he had one.
This ruling marks an important development in the ongoing legal proceedings related to the PFI case, providing clarity on the interpretation of UAPA Section 43D and reaffirming the bail granted to Abbas by the Madras High Court.
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Bridge portion collapses on Jammu outskirts; 3-4 labourers feared trapped, 1 rescued
Jammu (PTI): A portion of a small bridge collapsed in the Bantalab area on the outskirts of Jammu city on Friday, trapping at least three to four labourers under the debris, while one injured worker was rescued, official sources said.
Authorities have closed the road link following the collapse of the portion of the bridge.
The incident occurred when labourers were carrying out repair work on a retaining wall near the bridge that was damaged in last year's flash floods, the sources said.
According to the sources, a section of the bridge suddenly gave way, burying workers engaged at the site under the rubble.
Police, Army and State Disaster Response Force (SDRF) teams launched rescue operations to extricate those buried under the debris. They pulled out one injured labourer and shifted him to a hospital, the sources said.
Family members of the labourers present at the site said around six workers engaged at the site at the time of the incident came under the debris when the structure collapsed. The family members said while two of the labourers managed to escape, four got trapped.
The sources said those trapped included the husband of a woman labourer, a mason, an unmarried labourer and a relative of the contractor.
There was no official confirmation on the exact number of persons trapped under the debris till the filing of this report.
The rescue operations are ongoing.
