SC says national security prime, revokes bail for PFI suspects

The Supreme Court on Wednesday set aside a verdict of the Madras High Court, which had granted bail to eight alleged PFI members and office bearers, saying national security is always of “paramount importance” and any act aiding terrorist activity is liable to be restricted. The Apex Court said it was satisfied with the charge sheet filed in the case and material and documents the National Investigation Agency (NIA) relied upon that there were reasonable grounds for believing that the accusations against them were “prima facie true”. The top court delivered its verdict on NIA’s appeal against the high court’s October 19 last year verdict granting bail to these eight accused, who are alleged to be members of the Popular Front of India (PFI), in a case registered under the provisions of the Unlawful Activities (Prevention) Act and the Indian Penal Code. A bench of Justices Bela M Trivedi and Pankaj Mithal said it was conscious of the legal position that it should slowly interfere with the order when the high court has granted bail. However, it is equally well settled that if such an order of granting bail is illegal and perverse, it must be set aside, it said. “This court has often interpreted the counter-terrorism enactments to strike a balance between the civil liberties of the accused, human rights of the victims and compelling interest of the state,” the bench said. “It cannot be denied that national security is always of paramount importance, and any act in aid to any terrorist act – violent or non-violent is liable to be restricted,” it said. The bench said the UAPA was one of those Acts that have been enacted to provide for the effective prevention of certain unlawful activities of individuals and associations, to deal with terrorist activities, and to impose reasonable restrictions on the civil liberties of persons in the interest of sovereignty and integrity of India. It said there was sufficient material in the form of statements of witnesses and other incriminating evidence in the form of digital devices, books, photographs, etc., collected during the investigation and relied upon by the NIA to form an opinion that there were reasonable grounds for believing that accusations against the accused were prima facie true. “Considering the nature and gravity of the alleged offences and considering their criminal antecedents, in our opinion, the high court should not have taken a lenient view, more particularly when there was sufficient material to show their prima facie involvement in the alleged offences under the UAPA,” the bench said. While setting aside the high court verdict, the top court said these eight accused should surrender themselves before the NIA.