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Synopsis

The Allahabad High Court has recently granted bail to the State President of West UP of All India Imam Council and ex-member of banned organisation Popular Front of India (PFI), Mohammad Shadab Aziz Qasmi who was arrested by an Anti-Terrorism Squad (ATS) in September 2022.

Accusations against Qasmi include misleading Muslims with anti-Hindu rhetoric in Uttar Pradesh. The ATS claimed he, along with other PFI members, was involved in creating sleeper modules in the state to establish Gazwa-e-Hind in India.

On September 24, 2022, an FIR was lodged at Police Station- Kharkhauda, District- Meerut to the effect that various agencies including Anti-Terrorist Squad, Uttar Pradesh had been receiving information that PFI and certain other Muslim organizations were engaging themselves in anti-national Activities with intent to divide and disintegrate India.

A piece of information was received by Inspector Anuj Kumar that under Qasmi's leadership, accused Maulana Sajid, Mufti Shahzad and Mohd. Islam Qasmi were actively participating in strengthening the aforesaid organization.

After his arrest, Qasmi moved a bail plea before the Additional Sessions Judge, Special Judge, NIA/ATS, Lucknow, however, the same was rejected on May 11, 2023. 

Challenging the same, Qasmi filed an appeal before the high court under Section 21 of the National Investigation Agency Act, 2008.

Before the high court, Qasmi's counsel argued that charge sheet against him had already been filed, therefore, there was no likelihood of the investigation being affected by his release on bail. 

He contended that though Qasmi had been accused of offences under Section 120-B, 121-A, 153-A, 295-A, 109, 505(2) IPC and Sections 13(1)(a), 13(1)(b) and 39 of Unlawful Activities (Prevention) Act, 1967 (UAPA), substantive offence under Section 121-A IPC itself was not made out against him. 

As regards other offences, he argued that they carried a sentence of three years, whereas, Qasmi had already remained in jail since September 23, 2022. 

Therefore, while stressing that PFI was banned on September 28, whereas FIR was lodged on September 24, therefore, Qasmi was not a member of any unlawful association on the date of lodging of the FIR, his counsel urged the court to grant Qasmi bail.

The division bench of Justice Rajan Roy and Justice Ajai Kumar Srivastava noted that it was not a case where the investigation would be affected or influenced in any manner if the accused was released on bail and the trial was still pending and there was no likelihood of it being completed in near future.

Therefore, while relying on the judgment of the top court in Union of India vs. K.A. Najeev (2021), court held that the trial court erred in not granting Qasmi bail. 

Accordingly, court allowed the appeal and ordered Qasmi's release on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned.

Case Title: Mohammad Shadab Aziz Qasmi v. State and Another