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Synopsis

The Delhi High Court on Friday issued notice to the National Investigating Agency (NIA) in a plea seeking direction to provide the copy of the FIR to the Popular Front of India (PFI) member arrested during the NIA's raids on September 22, 2022. 

A bench of Justice Anoop Kumar Mendiratta issued notice and listed the matter for hearing on October 10, 2022, after the counsel informed the court that the matter will be argued by Solicitor General Tushar Mehta.

The plea filed by one Mohammad Yusuf who was arrested during the NIA raids stated that under several directions of the Supreme Court and High Courts, it is necessary to provide a copy of the FIR to the accused, however, the authorities denied the same to him stating that it is a sensitive matter and a copy cannot be provided.

Yesterday, the matter was mentioned before Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad stating that the remand of the accused persons was being extended from time to time and a copy of the FIR was not being provided.

Background

As per the NIA press release, the central agency conducted coordinated searches with the ED and the State Police forces across India last month. The NIA carried out searches in 93 locations in 15 states of India, viz Kerala, Tamil Nadu, Karnataka, Andhra Pradesh, Telangana, Uttar Pradesh, Rajasthan, Delhi, Assam, Madhya Pradesh, Maharashtra, Goa, West Bengal, Bihar, and Manipur.

“These searches were conducted at the houses and offices of the top PFI leaders and members in connection with five cases registered by the NIA following continued inputs and evidenced that the PFI leaders and cadres were involved in the funding of terrorism activities, organizing training camps for providing armed training and radicalizing people to join banned organizations”, the NIA press release stated.

The NIA press release also stated, “Criminal violent acts carried out by PFI such as chopping off the hand of a college professor, cold-blooded killings of persons associated with organizations espousing the other faiths, collection of explosives to target prominent people and places, support to Islamic State and destruction of public property have had a demonstrative effect of striking terror in minds of the citizens.”

During the search carried out by the NIA on September 22, 2022, incriminating documents, cash, sharp-edged weapons and a large number of digital devices have been seized. The NIA has arrested 45 people in the case.

The details of the accused arrested by the NIA are:

Kerala

1. O.M.A Salam@ O.M. Abdul Salam [PFI National Chairperson]
2. Jaseer K.P
3. V P Nazarudheen Elamaram@ Nazaruddin Elamaram [PFI National General Secretary]
4. Mohammed Basheer [PFI State President]
5. Shadeer K.P.
6. E AbduBacker [SDPI’s founder President]
7. Prof. P.Koya @Kaleem Koya  [PFI National Executive member]
8. E.M. Abdul Rahiman@ E.M [PFI Vice Chairman]
9. Najumudeen
10. Sainudeen TS
11. Yahinya Koya Thangal
12. K Muhammedali @Kunhappo
13. CT Sulaiman
14. P K Usman @Pallikkaranjali Kunjippu Usman @ Usman Perumpilavu
15. Karamana Ashraf Moulavi
16. Sadiq Ahmed
17. Shihas
18. Ansari P
19. M M Mujeeb

Karnataka

1. Anis Ahmed
2. Afsar Pasha
3. Abdul Wahid Sait
4. Yasar Arafath Hasan
5. Mohammed Shakid@ Shakif
6. Muhammed Farooq Ur Rehman
7. Shahid Nasir 

Tamil Nadu

1. M.Mohammed Ali Jinnah [PFI General Secretary]
2. Mohammad Yousuf
3. A.S Ismail@ Appamma Ismail
4. Syed Ishaaq
5. Advocate Khalid Mohammed
6. A.M Idris@ Ahamed Idris
7. Mohammed Abuthahir
8. S. Khaja Maideen
9. Yasar Arafat
10. Barakathullah
11. Fayaz Ahamed

Uttar Pradesh

1. Waseem Ahmad

Rajasthan

1. Mohammed Asif@Asif
2. Sadiq Sarraf Talabpada

Andhra Pradesh

1. Abdul Rahim
2. Abdul Wahid Ali
3. Shaik Zafrulla
4. Riyaz Ahmed

Telangana

1. Abdul Waris

Case Title: MOHAMMAD YUSUFF Vs. NIA