The Supreme Court of India granted bail to a man accused of plotting a “disturbance” during the Prime Minister’s visit, asserting that he “cannot languish indefinitely” in custody. The court highlighted that extended detention without trial infringes on personal liberty. The accused had been in custody for over a year, with minimal progress in the case.
New Delhi: The Supreme Court granted bail on Tuesday to an alleged member of the Popular Front of India (PFI), emphasizing that no one should be imprisoned indefinitely without undergoing a trial.
Justices Abhay S Oka and Augustine George Masih noted that the statement from a “protected witness” did not specify any actions that would warrant charges under the Unlawful Activities (Prevention) Act.
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The bench stated,
“There can be no doubt that the trial is not likely to complete soon… the appellant cannot be allowed to languish in jail indefinitely and that too without a trial. If such an approach is allowed, Article 21 of the Constitution of India would stand violated.”
Consequently, the court allowed the appeal, directing that the appellant be released on bail with conditions set by the special court.
The court also mandated that the appellant be presented before the special court within seven days.
The case involved Athar Parwez, who arrested in July 2022 and had previously been denied bail by the Patna High Court in November 2023. He faced accusations of planning disturbances during Prime Minister Narendra Modi’s visit to Patna in 2022.
The Supreme Court highlighted that, although the National Investigation Agency (NIA) submitted a chargesheet in January 2023, charges had yet to be framed.
The court observed that there were “some doubts” regarding the seizure of incriminating documents, as they were found on the second floor of the building, while Parwez only rented the first floor. Additionally, it noted that another co-accused had been granted bail under similar circumstances.
Prime Minister Narendra Modi visited Patna, the capital of Bihar, on July 12, 2022, to attend the centenary celebrations of the Bihar Legislative Assembly. During his visit, he inaugurated a newly constructed museum building within the premises of the Bihar Vidhan Sabha to mark its 100 years of history.
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