Supreme Court confirms bail to Madurai lawyer Mohd Abbas booked under UAPA for alleged PFI links

The Supreme Court on Tuesday upheld a Madras High Court order granting bail to Madurai lawyer, M Mohammed Abbas in a case registered against him under the Unlawful Activities Prevention Act (UAPA) for allegedly having links to the banned Popular Front of India (PFI). [Union of India v. M Mohamed Abbas].A bench of Justices Abhay S Oka and Pankaj Mithal confirmed the bail order, while also directing Abbas to scrupulously comply with the bail conditions."Having heard learned counsel, we find no reason to interfere with the order granting bail, but the respondent will have to scrupulously comply with bail conditions, failing which it may be cancelled. The observations in impugned order are limited to bail and will not have any bearing on trial," the Supreme Court said. .The bench passed the order in an appeal filed by the National Investigation Agency (NIA) against the August 2023 decision of the Madras High Court to allow Abbas' release on bail.The Supreme Court had earlier stayed the High Court order and issued notice in the matter.In the said order, the Madras High Court had also rejected the NIA's oral request for leave under Article 134 of the Constitution to challenge the bail order before the Supreme Court..The High Court, however, dismissed Abbas' plea to quash the case against him. Abbas has maintained that his arrest was a clear case of malafide action as the NIA had found an easy victim in him..In today's hearing before the Supreme Court, the judges were taken through digital conversations that allegedly incriminated Abbas in the case against him..The Court, however, noted that the conversations appeared to be dated. Justice Oka proceeded to ask the NIA's counsel why the Court should interfere with a reasoned judgment from the High Court. "Has he threatened witnesses, does he have antecedents? He is a member of the bar," Justice Oka added.Additional Solicitor General SV Raju, appearing for the NIA, replied that the accused advocate had made evidentiary material disappear.The Court, however, refused to interfere with the order granting bail..Abbas and four others were arrested by the NIA on May 9 this year in connection with the Tamil Nadu PFI criminal conspiracy case. They were booked under the UAPA on charges of being members of the PFI.According to a press release by NIA, an investigation revealed that the accused had conspired and planned to eliminate 'enemies' who were not aligned with the PFI ideology and were opposed to its plans to establish an Islamic State in India by 2047.The release further stated that in pursuance of this conspiracy, the accused radicalized a large number of PFI cadres, especially youth handpicked by the outfit’s leadership, and had also trained them in the use of different kinds of weapons to assault, maim, and kill their adversaries..In his submissions before the Madras High Court, Abbas contended that the NIA was particularly offended by a Facebook post and a complaint made against a Superintendents of Police by Abbas.The High Court, in its bail order, said that the special court should decide on the issue of malafide at the time of trial. It also closed a habeas corpus petition filed by Abbas' family members following his arrest.Further, the advocate was directed to execute a bond and furnish two sureties for a sum of ₹1 lakh. He was asked to stay in Chennai, cooperate with the probe agency and keep his mobile phone "active and charged" at all times to ensure he is always reachable. Two days after the High Court granted Abbas bail, however, he was re-arrested based on two other criminal complaints, leading the matter to reach the Madras High Court again. The Madurai bench of the High Court eventually granted him bail.