The Delhi High Court on Friday asked the National Investigating Agency (NIA) to respond to a plea seeking a copy of an FIR registered against alleged members of the banned Popular Front of India (PFI) in a case lodged under the anti-terror law.
Justice Anoop Kumar Mendiratta gave the order on a petition filed by Mohammad Yusuff, arrested from his residence in Chennai on September 22 in a case lodged under the Unlawful Activities (Prevention) Act [UAPA].
In his petition, Mr. Yusuff has sought direction to the NIA to provide him with a copy of the FIR lodged by the agency on April 13 and also to provide a copy of the grounds of the arrest of each accused person in connection with the case. He also sought a copy of the remand applications filed by the NIA before a trial court.
NIA had in a statement on September 22, said, “A large number of criminal cases have been registered by different States over the last few years against the PFI and its leaders and members for their involvement in many violent acts”.
The NIA made 45 arrests in these cases. While 19 accused have been arrested from Kerala, 11 have been arrested from Tamil Nadu including Mr. Yusuff, seven from Karnataka, four from Andhra Pradesh, two from Rajasthan, and one each from U.P. and Telangana, the statement said.
Mr. Yusuff was arrested at around 3 a.m. on September 22, 2022 from his residence in Chennai by the NIA.
“At the time of his arrest, the respondent [NIA] did not communicate to the petitioner [Mr. Yusuff] any particulars of the offence for which he has been arrested or any grounds of such arrest in clear violation of the statutory mandate provided under Section 50 of the Code of Criminal Procedure (CrPC) read with Article 22(1) of the Constitution,” the plea submitted.
It said when the accused were produced before a trial court here, their counsel sought a copy of the FIR on September 22 as well as on September 26, which was denied citing the matter was of a “sensitive nature”.
“Till date, the petitioner is unaware of the particulars of the offences or the allegations against him despite being in the custody of the respondent since September 22,” the plea added.
