The Supreme Court has granted bail to a member of the banned Popular Front of India (PFI) who had allegedly planned to disrupt a public meeting of Prime Minister Narendra Modi in Bihar two years ago, saying he cannot be allowed to languish indefinitely in jail without a trial.

A bench of Justices Abhay S. Oka and Augustine George Masih was hearing PFI member Athar Parwez’s appeal challenging a November 2023 order of Patna High Court denying him bail.

Parwez was arrested in July 2022.

“Constitutional right of speedy trial in such circumstances will have precedence over the bar/strict provisions of the statute and cannot be made the sole reason for denial of bail. Therefore, the period of incarceration of an accused could also be a relevant factor to be considered by the constitutional courts not to be merely governed by the statutory provisions,” the apex court observed.

The court further held that there was no incriminating material against Parwez that could attract provisions of Section 43-D(5) of the Unlawful Activities (Prevention) Act, leading to the denial of bail.

The bench observed that the appellant had undergone custody for more than two years and four months. Charges against the accused have not been framed till date despite the filing of the chargesheet in January 2023, and the prosecution is yet to examine 40 accused and 354 witnesses, the court said.

“There can be no doubt that the trial is not likely to be completed soon, and as has been laid down by various judgments of this court..., the appellant cannot be allowed to languish in jail indefinitely and that too without a trial. If such an approach is allowed, Article 21 of the Constitution of India would stand violated,” Justice Masih, who authored the judgment, observed.

Parwez’s case was initially probed by Patna police but subsequently taken over by the National Investigation Agency.

The NIA had alleged that Parwez was an active member of the PFI and he and his associates were planning to cause disturbance during Modi's proposed visit to Patna. A raid was conducted on Parwez’s house on July 11, 2022, resulting in the seizure of "incriminating material".

According to the NIA, a document titled “India 2047 towards rule of Islam in India, internal document not for circulation” was recovered from his accommodation.

According to the prosecution, Parwez along with several other members of the PFI had aimed at disrupting the sovereignty of India and caused disaffection against the country.

However, Parwez had argued that the PFI was banned for five years vide a gazette notification dated September 28, 2022, issued by the government. On the date when the raid was conducted at his house, and on the date of his arrest, the PFI was a legally constituted organisation, he had submitted.

Citing a number of its earlier judgments, the apex court said the statutory bar on the grant of bail could not be an impediment if the court is satisfied that the accusations were prima facie untrue.

“The special court shall enlarge the appellant on bail until the conclusion of the trial on appropriate terms and conditions after hearing the counsel for the respondent (NIA),” the bench directed.