"Mohammed Abbas, Arrested Lawyer with Alleged PFI Links, Granted Bail by Madras High Court
The Madras High Court has granted bail to Madurai-based lawyer M Mohammed Abbas, who was arrested and booked under the Unlawful Activities Prevention Act (UAPA) by the National Investigating Agency (NIA) for his alleged association with the banned Popular Front of India (PFI). A bench of Justices M Sundar and R Sakthivel rejected the NIA's oral request to challenge the bail order before the Supreme Court.
The NIA Special Public Prosecutor, N Bhaskaran, sought leave claiming that the provision of Section 43 D of the UAPA, under which Abbas was charged, bars the grant of bail and required examination. However, the bench cited previous Supreme Court orders on the interpretation of the same proviso while granting bail to Abbas, stating that there were no grounds for leave under Article 134.
In a quashing petition filed by Abbas, he alleged that his arrest was driven by malafide intentions, pointing to a Facebook post and a complaint he made against an NIA Superintendent of Police as triggers for his arrest. The High Court ruled that the issue of malafide should be determined during the trial and dismissed the quashing petition.
Abbas and four others were arrested by the NIA in connection with the Tamil Nadu PFI criminal conspiracy case. NIA investigations revealed their alleged conspiracy to eliminate 'perceived enemies' opposing PFI's ideology and its plans to establish an Islamic State in India by 2047. The accused were accused of radicalizing PFI cadres and training them in using various weapons for violent purposes.
Abbas's counsel and Madurai Bar Association members vouched for his reputation as a senior and respected member of the Bar. They emphasized his regular practice before the Madurai courts for 16 years and his previous participation in the TN Bar Council elections. On the other hand, Solicitor General Tushar Mehta, representing the NIA, cited 'incriminating' audio evidence against Abbas and asserted that being a lawyer should not guarantee immunity from prosecution."
TAGS: Madras High Court bail Madurai lawyer M Mohammed Abbas UAPA alleged PFI links NIA rejected Article 134 Supreme Court Special Public Prosecutor Section 43D quashing petition malafide Habeas Corpus petition Tamil Nadu PFI case conspiracy radicalized PFI cadres Islamic State NIA investigations Facebook post complaint Madurai Bar Association Solicitor General Tushar Mehta incriminating audio evidence.
