The Supreme Court on Tuesday granted bail to an alleged member of the Popular Front of India (PFI), Athar Parwez, who had been in custody since July 2022. Parwez was accused of plotting disruptions during Prime Minister Narendra Modi’s planned visit to Patna in 2022 but has not faced trial yet.
Justices Abhay S. Oka and Augustine George Masih ruled that Parwez could not “languish in jail indefinitely” without a trial, emphasizing the necessity to uphold Article 21 of the Constitution, which protects life and personal liberty. The court observed that the evidence provided, including statements from protected witnesses, did not specifically implicate Parwez under the stringent Unlawful Activities (Prevention) Act.
The bench criticized the delayed trial process, noting that the charges had not been framed despite the National Investigation Agency (NIA) filing a chargesheet in January 2023. With 40 accused and 354 witnesses listed by the prosecution, the trial’s complexity and extended duration became a key factor in the decision.
During the arrest, authorities claimed to have seized documents from Parwez’s rented accommodation that suggested intentions to undermine national sovereignty. However, the Supreme Court highlighted inconsistencies in the evidence, pointing out that the incriminating documents were found not on the first floor, which Parwez rented, but on the second floor.
Further, the bench referenced the bail granted to a co-accused on similar grounds, reinforcing their decision. The court ordered Parwez’s release on bail set by the special court, mandating his presentation before the court within seven days to finalize the bail conditions.
