Allahabad HC grants bail to two ‘PFI members’ citing slow trial

The Allahabad High Court has granted bail to two alleged Popular Front of India members booked under the UAPA, citing violation of their fundamental right to a speedy trial under Article 21 due to prolonged incarceration and slow progress of proceedings.

Lucknow: The Allahabad High Court has granted bail to two suspected Popular Front of India (PFI) members booked under the UAPA, observing that their prolonged incarceration and the slow pace of trial infringed upon their fundamental right to speedy trial under Article 21 of the Constitution.

The court held that prolonged detention, poor progress of the trial, and the absence of a reasonable prospect of its early conclusion can trigger an accused’s Article 21 right to speedy trial even in cases registered under the Unlawful Activities (Prevention) Act, which imposes stringent restrictions on bail.

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A Lucknow bench of Justices Rajesh Singh Chauhan and Ram Manohar Narayan Mishra passed the order on the criminal appeal of Kerala natives Ansad Badruddin and Firoz Khan, who have been in custody since February 17, 2021.

The court noted that despite its directions on two occasions to conclude the trial expeditiously, only five of the 18 prosecution witnesses had been cross-examined and there was no reasonable likelihood of the trial ending in the near future.

It observed that 95 dates had been fixed for examination of prosecution witnesses, while only 11 had completed their examination and five had been cross-examined.

The bench also noted that the cross-examination of a key witness had extended to 35 pages but remained incomplete despite several opportunities, including video conferencing.

The court expressed surprise at the prosecution’s failure to take effective steps to ensure examination of its witnesses and observed that such inaction indirectly benefited the accused despite the stringent restrictions on bail under Section 43-D(5) of the UAPA.

The high court had on December 7, 2022, directed the trial court to conclude the proceedings expeditiously, preferably within a year.

In January 2024, it directed the prosecution witnesses to record their statements.

The investigators have alleged that Badruddin and Khan, said to be linked to the now-banned PFI, travelled to Uttar Pradesh to target leaders and members of Hindu organisations and carry out bomb blasts at religious gatherings.

The ATS has claimed recovery of firearms, explosives, detonators and other incriminating material from them.

The high court set aside a May 14, 2024, order of the Special NIA Court and ordered the release of both men on bail, subject to conditions, including fortnightly attendance before the ATS, no unnecessary adjournments, and personal appearance on important dates of the trial.