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The National Investigation Agency (NIA) Monday informed the Delhi High Court that a copy of the FIR and arrest memo was supplied to a man who was arrested by the agency over his alleged association with the Popular Front of India (PFI).
A single judge bench of Justice Anoop Kumar Mendiratta was hearing a plea by one Mohammad Yusuf who alleged that he was arrested by the agency from his home in Chennai on September 22 in connection with an FIR lodged against him under various provisions of the Unlawful Activities (Prevention) Act and the Indian Penal Code over alleged involvement in terrorist activities.
The Special Public Prosecutor (SPP) appearing for the agency submitted that the first prayer of the petition seeking copy of FIR along with part one of the second prayer seeking grounds of arrest is now infructuous as the same have been provided to Mohammad Yusuf.
On the prayer seeking a copy of the remand application, the counsel for the petitioner submitted that the application is sought so that the petitioner knows what allegations have been made against him. “Today if our clients were to move a bail application, they will not know what to say that they are not prima facie guilty,” he submitted, adding that the remand application is essential as it will show what the case is against the petitioner.
The SPP objected to the submission of the petitioner stating that the investigation is still at an initial stage. “The Remand Application is akin to a case diary maintained by the investigating officer and the accused does not have an inherent right for supply of a copy of the remand application,” he submitted. He said the special judge is looking into all aspects of the case and that agitating this issue before this court may not be the right thing to do.
“If the petitioner has an urgency, they can agitate it before the special judge,” he said. He further submitted that a remand application cannot be equated to an FIR. While challenging the maintainability of the proceedings, he referred to Section 21 of the National Investigation Agency Act, 2008, stating that the accused has to approach the special judge first and then an appeal can be made before the division bench of the HC.
After hearing both parties, the High Court adjourned the matter to November 11.
The petition alleges that at the time of arrest, Yusuf was not provided a copy of the FIR and was neither informed about the grounds of arrest or particulars of the offences for which he was arrested. Further, when the petitioner along with several other persons arrested by NIA were produced before the trial court and sought a copy of the FIR, he was denied the same on the ground that the matter is of a sensitive nature and providing a copy of the FIR would hamper the investigation.
On September 22, the NIA along with the Enforcement Directorate carried out a nation-wide search, detain and arrest operation against the PFI at its offices. The Ministry of Home Affairs on September 28 published a gazette notification declaring PFI along with its “associates or affiliates or fronts including Rehab India Foundation (RIF), Campus Front of India (CFI), All India Imams Council (AIIC), National Confederation of Human Rights Organisation (NCHRO), National Women’s Front, Junior Front, Empower India Foundation and Rehab Foundation, Kerala as an “unlawful association”.
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