30-04-2025
HC grants bail to PFI worker ‘spreading good messages'
MUMBAI: The Bombay high court has granted bail to religious preacher and the alleged main promoter in Malegaon of the banned Popular Front of India (PFI), Mohammad Irfan Daulat Khan, saying witness statements showed 'he was spreading good messages'.
'The statements of some of the witnesses show that the appellant was spreading good messages,' the division bench of justices Sarang Kotwal and SM Modak said on Monday while granting bail to Khan.
The religious preacher was arrested by the Maharashtra Anti-Terrorism Squad (ATS) on November 13, 2022 for allegedly spreading religious hatred and inciting Muslims to wage war against the Indian government. Later, the charge sheet filed by the ATS claimed that Khan was the main promoter of the PFI in Malegaon.
Khan's bail plea was rejected by the special NIA court in Nashik on March 5, 2024, after which he approached the high court. He sought bail primarily on grounds of parity – saying that while two of his co-accused had been released on bail by the Supreme Court, the trial was not likely to conclude any time soon as the prosecution wanted to examine over 150 witnesses.
The ATS opposed Khan's bail plea, claiming that he had been named in five previous offences. They agency also relied on two audio clips which reportedly demonstrated his culpability in inciting people.
The court, however, noticed that the first audio clip pertained to some conversation about a banner, with one of the speakers suggesting some correction. 'This conversation is hardly incriminating,' the judges said.
As regards the second audio clip, the ATS claimed that it mentioned a list of articles which were to be held in stock in different mohallas and mosques for protection of Muslims, in case they were attacked.
'There is a conversation about helping the poor, widows and similar people. There is also a reference to some survey in respect of these issues. Again, this conversation can hardly be called incriminating,' the judges noted.
The court then referred to some witness statements wherein they spoke about attending courses in which PFI workers trained them in personality development, time management and legal awareness. Based on these statements, the court held that Khan was spreading good messages and granted him bail.
