Merely Attending PFI Seminars & Physical Training Does Not Amount To Terrorist Act Under UAPA: Bombay High Court

Merely attending seminars and participating in physical training like karate etc conducted by the Popular Front of India (PFI), will not attract provisions of the stringent Unlawful Activities (Prevention) Act (UAPA) which penalise terrorist act, held the Aurangabad bench of the Bombay High Court recently held while granting bail to three men booked for being active members of PFI.

A division bench of Justices Nitin Suryawanshi and Sandipkumar More noted that an FIR was lodged on September 21, 2022, by the Anti Terrorism Squad (ATS) against Sayyad Faisal Sayyad Khaleel, Abdul Hadi Abdul Rauf Momin and Shaikh Irfan Shaikh Salim Alias Irfan Milli, based on a secret information that on November 21, 2021 and in July 2022, some seminars and physical and arms trainings were organised for Muslim youths.

In these events, the prosecution contended 'hate speeches' were delivered and even speeches propagating that Muslims in India are subjected to mob lynching and the Central Government is attacking Muslim people through Hindu organisations in different States. It was pointed out that the speakers urged Muslims to join PFI as the coming period would be difficult for the community. 

Further, it was alleged that the speakers also gave critical speech against the Citizenship Amendment Act (CAA), NRC, Hijab ban, Triple Talaq etc. 

The judges noted that the PFI was banned for five years by the Government of India by issuing an Official Gazette on September 28, 2022, whereas  the instant FIR was lodged on September 21, 2022 (which is a week before the ban) and that the appellants were arrested on September 22, 2022. 

"In the present case also when the FIR was registered and appellants were arrested, PFI was not declared a terrorist organisation within the meaning of Section 2(m) of UAPA. So also PFI was not mentioned in the first schedule of UAPA. Merely because appellants participated in the meetings, seminars or physical training of karate etc., prima facie, it cannot be said that they have indulged in any terrorist act," the bench held in its order passed on July 7.

The bench noted that the National Investigation Agency (NIA), which is now probing the case, had relied heavily on the recovery of weapons like swords, rampur knifes, videos of hate speeches, mob lynching, Babri Masjid etc.

"Weapons like sword, rampuri knife, fighter were recovered from appellant- Irfan Milli along with book against judicial system and electronic gadgets. In absence of allegations of any overt act of violation and terrorist activities, mere participation in seminars/camps, prima facie, would not amount to terrorist act. Though, weapons are recovered from appellant-Irfan Milli, it is not the case of prosecution that those were used for any terrorist activity and/or for toppling the Government," the bench said. 

The bench further said that since the trial is in progress, it would be refraining from commenting upon merits of the allegations levelled against the appellants. "Suffice it to say that, no material is brought to our notice showing involvement of appellants in any terrorist activity," the judges said, adding, "Taking into consideration the fact that there are total 145 witnesses cited by the prosecution and though trial is being conducted on day to day basis, so far only five witnesses are examined and accused are in jail since more than two years and eight months, there appears no likelihood of trial being concluded in the near future."

With these observations, the judges granted bail to the three accused. 

Appearance: 

Advocates Javed Shaih and NR Shaikh appeared for the Appellant.

Additional Public Prosecutor Kalpalata Patil Bharaswadkar represented the State. 

Case Title: Sayyad Faisal Sayyad Khaleel vs State of Maharashtra (Criminal Appeal 358 of 2025)

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