Read Time: 04 minutes

Synopsis

The Supreme Court of India has observed that Popular Front of India (PFI) is not a terrorist organisation, as is evident from the first schedule of Unlawful Activities (Prevention) Act, 1967 (UAPA).

"... as per Section 2(m), a terrorist organisation means an organisation listed in the first schedule or an organisation operating under the same name as the organisation was listed.....We find that the PFI is not a terrorist organisation, as is evident from the first schedule", a bench of Justices Abhay S Oka and AG Masih has held.

These observations came to be made by the top court while granting bail to one Jalaluddin Khan, accused for the offences punishable under Sections 121, 121A and 122 of the Indian Penal Code and Sections 13, 18, 18A and 20 of the Unlawful Activities (Prevention) Act, 1967.

Allegations against Khan was that the first floor premises owned by his wife was being used for objectional activities of an organisation called Popular Front of India (PFI).

Supreme Court found nothing in the charge sheet which shows that the appellant has taken part in or has committed unlawful activities as defined in the UAPA.

The Special Court and the High Court did not consider the material in the charge sheet objectively, top court noted. 

"Perhaps the focus was more on the activities of PFI, and therefore, the appellant's case could not be properly appreciated. When a case is made out for a grant of bail, the Courts should not have any hesitation in granting bail....“Bail is the rule and jail is an exception” is a settled law. Even in a case like the present case where there are stringent conditions for the grant of bail in the relevant statutes, the same rule holds good with only modification that the bail can be granted if the conditions in the statute are satisfied...", it has added.

Case Title: JALALUDDIN KHAN vs. UNION OF INDIA