Bombay High Court: Merely Attending Seminars Or Physical Training Of PFI Doesn’t Amount To Terrorist Act

The case stems from a First Information Report (FIR) registered on September 21, 2022, by the Maharashtra Anti-Terrorism Squad (ATS) against the Appellants. According to the ATS, secret information indicated that the PFI had conducted seminars and physical as well as arms training sessions in November 2021 and July 2022, targeting Muslim youth.

The Division Bench of Justice Nitin Suryawanshi and Justice Sandipkumar More, granted bail to three individuals accused of being active PFI members holding, “In the present case also when the FIR was registered and appellants were arrested, PFI was not declared a terrorist organisation within the meaning of Section 2(m) of UAPA. So also PFI was not mentioned in the first schedule of UAPA. Merely because appellants participated in the meetings, seminars or physical training of karate etc., prima facie, it cannot be said that they have indulged in any terrorist act."

Advocate Javed R. Shaih appeared for the Appellants and Advocate Kalpalata Patil Bharaswadkar appeared for the Respondent.

The prosecution alleged that during these sessions, inflammatory speeches were delivered, including narratives portraying Muslims in India as victims of mob lynching and government oppression, allegedly carried out through Hindu organizations. The speakers reportedly urged attendees to join the PFI, claiming the Muslim community would face increasing challenges. They were also said to have criticized various government policies and legislations such as the Citizenship Amendment Act (CAA), the National Register of Citizens (NRC), the hijab ban, and the law banning Triple Talaq.

The National Investigation Agency (NIA), which took over the probe, argued that various items recovered during the investigation including swords, rampuri knives, and videos depicting hate speeches, mob lynching, and the Babri Masjid incident implicated the accused, particularly Irfan Milli. He was also found in possession of literature critical of the judicial system and several electronic devices.

Nonetheless, the Court clarified that while weapons were recovered, there were no specific allegations indicating that these items were used for terrorist purposes or to destabilize the government. It added, "Weapons like sword, rampuri knife, fighter were recovered from appellant- Irfan Milli along with book against judicial system and electronic gadgets. In absence of allegations of any overt act of violation and terrorist activities, mere participation in seminars/camps, prima facie, would not amount to terrorist act. Though, weapons are recovered from appellant-Irfan Milli, it is not the case of prosecution that those were used for any terrorist activity and/or for toppling the Government."

Furthermore, the bench refrained from expressing any opinion on the substantive merits of the case, noting that the trial was ongoing. The Court emphasized that no material evidence had been presented thus far demonstrating that the accused were involved in any actual terrorist activity.

The Court also took into account the prolonged pre-trial detention of the accused over two years and eight months as well as the slow progress of the trial. It added, “Taking into consideration the fact that there are total 145 witnesses cited by the prosecution and though trial is being conducted on day to day basis, so far only five witnesses are examined and accused are in jail since more than two years and eight months, there appears no likelihood of trial being concluded in the near future."

The High Court ordered their release on bail.

Cause Title: Sayyad Faisal Sayyad Khaleel & Anr. v. The State Of Maharashtra, [2025:BHC-AUG:17320-DB]

Appearance:

Appellants: Advocates Javed R. Shaih and N.R. Shaikh

Respondent: Advocate Kalpalata Patil Bharaswadkar

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