3 weeks ago
Allahabad HC grants bail to PFI members over slow trial
Two men in India were locked up in jail for a very long time while waiting for their trial to happen.
In India, the Constitution promises everyone a fair and speedy trial.
The court said keeping these men in jail for years while the trial moved very slowly was unfair.
Police said the men belonged to a banned group called the Popular Front of India and planned dangerous attacks.
But the trial barely moved forward — only a few witnesses had been questioned.
Judges had asked for the trial to finish quickly, but it still was not.
So the high court decided the two men could leave jail on bail.
They still have conditions, like checking in with the police every two weeks and showing up in court when asked.
This decision shows that even people accused of serious crimes have a right to a speedy trial.
The Allahabad High Court granted bail to two suspected Popular Front of India (PFI) members, Ansad Badruddin and Firoz Khan, booked under the UAPA.
The court held that prolonged detention and the slow pace of trial infringed their fundamental right to speedy trial under Article 21 of the Constitution.
Only five of the 18 prosecution witnesses had been cross-examined despite court directions since December 2022 to conclude the trial expeditiously.
The accused, in custody since February 17, 2021, are alleged by investigators to have planned bomb blasts and attacks on leaders of Hindu organisations in Uttar Pradesh.
The high court set aside a May 14, 2024 Special NIA Court order, imposing bail conditions including fortnightly attendance before the ATS.
- Who
- Ansad Badruddin and Firoz Khan, two Kerala natives suspected of being PFI members, who were granted bail by a Lucknow bench of Justices Rajesh Singh Chauhan and Ram Manohar Narayan Mishra.
- What
- The Allahabad High Court granted bail to the two accused booked under the UAPA, setting aside a Special NIA Court order after finding their right to speedy trial was breached.
- Where
- Lucknow bench of the Allahabad High Court; the alleged offences were planned in Uttar Pradesh.
- When
- Reported on August 12; the accused have been in custody since February 17, 2021.
- Why
- Prolonged detention and a slow trial — with only five of 18 prosecution witnesses cross-examined despite directions — left no reasonable prospect of the trial concluding soon.
Civil Liberties Perspective
Prosecution / Security Perspective
Speedy trial vs. national security
Civil Liberties Perspective
Prolonged detention and a stalled trial violate the accused's Article 21 right to a speedy trial, even under UAPA's stringent bail restrictions.
Prosecution / Security Perspective
The accused are linked to the now-banned PFI and allegedly planned bomb blasts and attacks on Hindu organisation leaders, justifying strict bail limits under UAPA Section 43-D(5).
Trial delay responsibility
Civil Liberties Perspective
The prosecution failed to take effective steps to examine witnesses, and its inaction indirectly benefited the accused; only five of 18 witnesses were cross-examined despite court directions.
Prosecution / Security Perspective
Investigators allege recovery of firearms, explosives, detonators and other incriminating material from the accused, supporting the need for continued custody.
Key facts
- Court
- Allahabad High Court (Lucknow bench)
- Accused
- Ansad Badruddin and Firoz Khan
- Statute
- Unlawful Activities (Prevention) Act (UAPA)
- Custody since
- February 17, 2021
- Trial status
- 5 of 18 prosecution witnesses cross-examined; 11 of 95 fixed witness examinations completed
- Order set aside
- Special NIA Court order of May 14, 2024
- Earlier court directions
- December 7, 2022 (conclude trial within a year); January 2024 (record witness statements)
- Bail conditions
- Fortnightly attendance before the ATS; no unnecessary adjournments; personal appearance on trial dates
Sources
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