Giving Speeches Creating Legal Awareness, Training People How To Respond To Police Enquiries Not 'Anti-National' Activity: Bombay High Court

Merely giving speeches about legal awareness and making the members aware about their rights and how to respond when the police comes for an enquiry is not an 'anti-national' activity, the Bombay High Court held on Friday while ordering release of a member of the Popular Front of India (PFI).

A division bench of Justices Sarang Kotwal and Shriram Modak granted bail to Shaikh Sadique Isaq Qureshi, a member of PFI, who was booked for giving various speeches creating legal awareness, being in touch with other members of the PFI, who had prepared a 'roadmap' titled "Roadmap For Regaining Glory of Islam In India By 2047" by which it was aimed to convert India into an Islamic State. 

"The statements of various witnesses, do not go beyond the allegations that the Appellant (Qureshi) was giving speeches about legal awareness and making the members aware of their rights and how to respond when the police came for inquiry. This by itself cannot be termed as an anti-national activity," the judges held. 

Though these statements also suggest that Qureshi was in touch and was regularly together with the other accused, that again does not by itself show that he was aware of the ultimate aim and objectives of the road-map, the judges added.

"It can only be an indirect inference which could be drawn to that effect. The prosecution will have to establish that particular aspect during trial. That question is left open to be decided during trial. However, at this stage, leniency can be shown to the Appellant, for consideration of his prayer for bail. The material in the charge- sheet and the statements of witnesses show serious allegations against the other accused including possession of road- map and other incriminating material of giving training of explosives etc. But these are the materials found against the other accused and not against the present Appellant," the judges said while ordering Qureshi's release. 

Notably, Qureshi was arrested in September 22, 2022 after the Anti-Terrorism Squad (ATS) Mumbai Unit received a secret information that he along with four other members of the PFI had arranged different programs in February 2022 at Dharavi, Kurla, Chembur, Trombay (areas in Mumba) etc. The object of their activities was to bring the majority of the population of this nation under control, to establish the rule of their own religion and to substitute the Constitution of India with their own personal law.

According to the prosecution case, Qureshi along with co-accused Mohammad Asif Adhikari had knowledge of law, so they educated other associates regarding the lacunae in the law. Another co-accused Mazhar Khan was identifying vulnerable youth and used to recruit them with PFI. Another co-accused Moin Mistry was well versed in computer and mobile phone technology and so he used to educate the members as to how the digital data and equipments should be concealed from the investigating agencies. Co-accused Mohammad Iqbal used to give physical education to the members. 

The prosecution harped on the document 'Draft-booklet-on-Roadmap-for Regaining The Glory of Islam in India-by 2047' found in one of the co-accused person's (not in Qureshi's), which reflected various stages for making India an Islamic State.

"In the first stage, all the Muslims were sought to be brought under the umbrella of the PFI and they were to be constantly reminded as to how injustice was caused to them in India. The aim was to get as many members as possible and to give them training for using weapons. In the second stage, sometimes violence was to be resorted to and the trained members were to be given special training for use of explosives. There were plans to divide the Hindu population on the basis of caste etc. The aim was to infiltrate the important departments like Police, Army and Judiciary," the judges noted.

The bench further noted that another aim was to establish connection with the other Islamic countries and in the third stage, targeting a particular organisation was the main aim and the other aim was to form a political party consisting of Scheduled Caste, Scheduled Tribes, OBC and Muslims.

"At that stage, further aim was to show their strength and to store explosives. In the last and the fourth stage the aim was to take over power single handedly and to fill all the important posts in the Government, Judiciary, Police and Army by the committed members of PFI. At that stage, the aim was to finish those who oppose PFI," the judges noted, further saying, "Undoubtedly, the objectives and aim of this document are extremely dangerous."

However, in the context of the present plea, the judges deemed it fit to only consider the evidence as against Qureshi and whether he was in any form, acting in furtherance of the 'Roadmap.'

"In this case, in the entire record we did not find anything to show that the Appellant had acted in any manner in support of this document or even propagating ideas and objectives mentioned in that document," the bench said. 

Further, the judges noted that one of the witnesses had testified that the Appellant used to give lectures saying that our democracy is dependent on Courts, Media and Administration. "Again we do not find anything wrong in the Appellant giving lectures on these topics. It is nowhere mentioned that, he was instigating the members to commit any offence or to wage war against India," the bench opined. 

Appearance:

Senior Advocate Mihir Desai along with Advocates Hasnain Kazi, Shraddha Vavhal, Soham Jadhav and Saipan Shaikh appeared for the Appellant.

Additional Public Prosecutor Jayesh Yagnik represented the State.

Case Title: Shaikh Sadique Isaq Qureshi vs State of Maharashtra (Criminal Appeal 78 of 2024)

Citation: 2025 LiveLaw (Bom) 120

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