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Union of India (through NIA) vs Barakathullah and Others

Not available · 2024 INSC 452Decided 22 May 2024
Not available
Justice Bela M. Trivedi · Justice Pankaj Mithal

Background

The National Investigation Agency (NIA) registered a case against several office bearers of the Popular Front of India (PFI), an organization later banned as an "unlawful association," alleging they conspired to spread extremist ideology, recruit and radicalize Muslim youth, and impart weapons training (with knives, swords, and improvised bombs) in the guise of physical education classes, all as preparation for establishing an Islamic state in India by 2047. The accused were arrested in September 2022 and denied bail by the Special Court, but the Madras High Court later granted them bail, reasoning that the evidence, including statements of protected witnesses, did not show any material amounting to a "terrorist act" under Section 15 of the UAPA. The NIA appealed to the Supreme Court against this grant of bail.

Decision Breakdown

The Supreme Court held that the High Court committed a fundamental legal error by focusing only on whether a completed "terrorist act" under Section 15 was shown, when the actual charges were under Section 18 (conspiracy or preparatory acts towards a terrorist act) and related provisions, which do not require proof of a completed terrorist act, only of conspiracy, incitement, or preparatory steps. Applying the settled test from NIA v. Zahoor Ahmad Shah Watali and Gurwinder Singh v. State of Punjab, the Court held that at the bail stage under Section 43D(5) of the UAPA, courts must only assess "broad probabilities" from the totality of the material (including witness statements and chargesheet content) without dissecting evidence for its ultimate admissibility or reliability, treating the prosecution's version as true unless already disproved. Reviewing the chargesheet's detailed allegations (weapons training camps, recruitment through mosques, incendiary speeches, and links to establishing an "Islamic state by 2047") the Court found the High Court's finding of "no material" to be perverse and unsustainable, especially given the accused's other pending criminal cases and their relatively short custody period (about one and a half years) compared to precedents where long incarceration justified bail. The High Court's bail order was set aside, and the accused were directed to surrender, with the trial to proceed expeditiously.

Lesson Learnt

Under the special bail regime of anti-terror laws like the UAPA, courts examining bail applications must assess the totality of the investigating agency's evidence only for "broad probability" of involvement, not conduct a detailed evidentiary trial at the bail stage; and charges of conspiracy or preparatory acts toward terrorism (Section 18) do not require proof of an already-completed terrorist act (Section 15) to be sustained.

Official source (sci.gov.in)View Judgment (PDF)

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