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Supreme Court of India 2024-05-22 allowed

Chennai Branch vs BARAKATHULLAH ETC

Bench: 2 — Bela M. Trivedi, Pankaj Mithal

In Brief

The Supreme Court set aside a High Court order granting bail to nine accused members of the Popular Front of India (PFI) charged under the Unlawful Activities (Prevention) Act (UAPA) and IPC. The accused allegedly recruited members, provided weapons training, and conspired to establish an Islamic State in India by 2047. The Court held that Section 43D(5) of UAPA restricts bail when materials show prima facie involvement in conspiracy or preparatory terrorist acts—actual commission need not be proven. Examining chargesheet and witness statements showing radicalisation campaigns and weapons training, the Court found reasonable grounds for belief in accusations. Given offence gravity, criminal antecedents, national security concerns, and custody of only 1.5 years, bail was improper. The Court emphasized national security's paramount importance and the UAPA's constitutional validity to restrict civil liberties.

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Counter-Terrorism Bail Unlawful Activities (Prevention) Act National Investigation Agency Criminal Procedure Popular Front of India Terrorism Offences

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