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Synopsis

The Delhi High Court, on Monday, noted that a Remand application is maintained by an Investigation Officer and the accused does not have an inherent right to the remand application. The plea had sought a direction to provide a copy of an FIR to the Popular Front of India (PFI) member, arrested during the National Investigating Agency's (NIA) raids on September 22, 2022. 

A bench of Justice Anoop Kumar Mendiratta, was hearing a plea filed by one Mohammad Yusuf, who was arrested during the NIA raids. The plea stated that under several directions of the Supreme Court and High Courts, it is necessary to provide a copy of an 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.

Today, the Counsel appearing for Yusuff, informed the bench that NIA has given the copy of an FIR yesterday. Additionally, the Special Judge, Trial Court will give the Remand Application today at 2 PM, as the NIA remand is getting over today. However, the bench said, "You are presuming that it will be given to you."

The Counsel appearing for NIA also stated that the FIR and the grounds of arrest has been given, and the Arrest memo has also been given to the counsel.

On the issue of disposing of the present petition, the Counsel appearing for NIA submitted that Yusuff filed an application and it has been complied with effectively. He states that "the Counsel (for Yusuff) is already stating that he'll get the Remand Application, if he gets it, fine, if he doesn't then he can take action accordingly".

However, the Court, while noting that an adjournment has been sought by the counsel for Yusuff, listed the matter for November 11.

Earlier, on October 7, the High Court had issued notice to the National Investigating Agency (NIA).

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.

Case Title: Mohammad Yusuff vs. National Investigation Agency