In a significant ruling on May 22, 2024, the Supreme Court of India overturned a Madras High Court decision to grant bail to eight individuals associated with the banned organization Popular Front of India (PFI), charged under the Unlawful Activities Prevention Act (UAPA). The Court, comprising Justices Bela Trivedi and Pankaj Mithal, emphasized the serious nature of the allegations against the accused, specifically related to the collection of funds for purported terrorist activities.
Key points from the Supreme Court’s decision include:
- Cancellation of Bail: The Supreme Court revoked the bail granted by the Madras High Court, citing that the allegations against the respondents appeared to be prima facie true. It invoked Section 43D(5) of the UAPA, which restricts bail if the accusations are prima facie genuine and involve serious offences related to terrorism.
- Seriousness of Offences: The Court noted the gravity of the offences, the period of custody already undergone by the accused (approximately 1.5 years), and the substantial evidence presented by the National Investigating Agency (NIA) during its investigation.
- National Security Concerns: Emphasizing the paramount importance of national security, the Court underscored that the UAPA aims to prevent unlawful activities and maintain the sovereignty and integrity of India. It justified the restrictions on civil liberties imposed by the Act in light of these objectives.
- Expedited Trial: The Supreme Court directed that the trial of the accused should proceed expeditiously in accordance with the law, without being influenced by any observations made in its judgment.
- Legal Precedents: While acknowledging the general principle of reluctance in interfering with bail granted by lower courts, the Supreme Court clarified that it is obligated to overturn such orders if found to be illegal or based on erroneous reasoning.
For further details, the full judgment can be accessed under SLP(Crl) No. 014036 – 014040 / 2023