On Wednesday (12th June), the Bombay High Court denied bail to three Islamists associated with the banned terrorist organization the Popular Front of India (PFI). The court declined the bail saying that the the accused and the banned organization planned to turn India into an Islamic state by 2047.
The high court’s division bench, consisting of Justice AS Gadkari and Justice Shyam Chandak, was considering bail pleas from Razi Ahmad Khan, Unais Umar Khayyam Patel, and Kayyum Abdul Shaikh. The justices rejected the appeal against the orders of the Special Judge, Nashik, who had previously rejected their bail applications.
The prosecution claimed that the three accused attended a secret PFI meeting where young Muslims had been radicalized and brainwashed. It was said that during the meeting, several cases of crimes against Muslims, including mob lynching, were addressed. The prosecution further said that during the meeting, the members discussed the necessity to unify Muslims and wage war against the State of Maharashtra and the Government of India.
In its ruling, the high court stated that there was evidence on the record indicating that the accused attempted to convert India into an Islamic state.
“Record of the 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 in the activity of inciting like-minded people to join them to overthrow 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 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 high court stated that a review of the Vision-2047 paper reveals a nefarious strategy and design to transform India into an Islamic state using all feasible techniques described therein.
Notably, the accused persons have been booked under sections 121-A (conspiracy to commit offenses against the state), 153-A (promoting enmity between different groups), 120-B (criminal conspiracy) of IPC, and 13(1)(b) of UAPA.
The court decided that the trial court was correct in denying the bail applications since there was a strong prima facie case against the appellants. Furthermore, it expressed concern that releasing the appellants on bail could result in evidence tampering. As a result, the court dismissed the appeals and upheld the trial court’s decisions.
Recognizing the gravity of the charges, the HC requested that the trial court expedite the procedures and complete the trial within one year of receipt of this ruling.
