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Supreme Court

Supreme Court Grants Bail to PFI Accused in UAPA Case Due to Lack of Prima Facie Evidence and Parity with Co-Accused. Appellant's Custody Since July 2022 Without Charge Framing Violates Article 21.

13 Dec 2024

The appellant, Athar Parwez, was arrested on 12.07.2022 in connection with FIR No. 827/2022 registered at Police Station Phulwari Sharif, Patna, under...

High Court

Bombay High Court Grants Bail to PFI Accused in UAP Act Case — No Prima Facie Case of Waging War Against Government. Allegations of conspiracy under Section 121-A IPC and Section 13(1)(b) UAP Act not made out as acts alleged fall under Sections 153-A, 153-B, 295-A IPC.

11 Jun 2024

The Bombay High Court allowed three criminal appeals filed by accused nos. 2, 3, and 6 in a case arising from FIR No. 20/2021 registered by the Anti T...

High Court

Bombay High Court Allows Passport Renewal for Accused in SC/ST Act Case Without Court Permission — Section 6(2)(f) of Passports Act, 1967 Not Attracted When Criminal Case is Pending but No Warrant or Restraint Order Exists. The court held that mere pendency of a criminal case does not justify refusal of passport renewal under Section 6(2)(f) of the Passports Act, 1967, in the absence of any order from the criminal court restraining the applicant from traveling abroad.

15 Apr 2024

The petitioner, Elliyas Mohammad Gause Momin, filed a writ petition before the Bombay High Court challenging the refusal of the Regional Passport Offi...

Supreme Court

Supreme Court Allows Bail to Accused in UAPA Case for Lack of Prima Facie Evidence of Involvement in Terrorist Activities. The court held that mere association with PFI, not listed as a terrorist organization, and allegations of tampering with evidence do not satisfy the prima facie true test under Section 43D(5) of UAPA.

10 Aug 2023

The appellant, a retired police constable, was arrested on 12th July 2022 and charged under Sections 121, 121A, 122 IPC and Sections 13, 18, 18A, 20 o...

High Court

High Court of Karnataka Allows Writ Petition of SDPI Against Sealing of Party Offices — Mandamus Issued for Removal of Seals. Political Party's Right to Function Upheld as Sealing Without UAPA Attachment Order is Illegal.

16 May 2023

The petitioner, Social Democratic Party of India (SDPI), a political party registered under the Representation of the People Act, 1951, filed a writ p...

High Court

Karnataka High Court Dismisses Petitioner's Challenge to Notification Declaring PFI Unlawful with Immediate Effect under Unlawful Activities (Prevention) Act, 1967. Court Holds That Reasons for Immediate Effect are Sufficiently Disclosed in Notification Itself as Required by Section 3(3) Proviso.

30 Nov 2022

The petitioner, claiming to be the President of Popular Front of India (PFI), filed a writ petition under Article 226 of the Constitution before the H...

High Court

High Court of Karnataka Grants Bail to Accused in NIA Murder Case on Grounds of Parity and Delay in Trial. Appellants Accused of Murder Under Section 302 IPC and Offences Under Unlawful Activities (Prevention) Act Granted Bail as Co-Accused Already Released.

1 Jul 2022

The appellants, accused Nos. 1 and 4, filed a criminal appeal under Section 21(4) of the NIA Act challenging the order dated 21.04.2021 passed by the ...

High Court

High Court of Karnataka Grants Bail to Accused in NIA Case Under UAPA and IPC — No Prima Facie Evidence of Conspiracy or Terrorist Act. The court held that the bar under Section 43D(5) of UAPA does not apply when the accusations are not prima facie true, and the appellant's role was not clearly established in the charge sheet.

2 Aug 2019

The appellant, Asim Shariff, accused No.5, filed a criminal appeal under Section 21 of the National Investigation Agency Act, 2008, challenging the or...

Supreme Court

Supreme Court Dismisses Appeal Against Framing of Charges in Terror Murder Case — Prima Facie Case of Conspiracy Under UAP Act Made Out Against PFI President. The Court held that at the stage of Section 227 CrPC, only a prima facie case is required, and the charge sheet materials sufficiently indicated the appellant's involvement in a conspiracy to murder RSS members, justifying the framing of charges under IPC, Arms Act, and UAP Act.

1 Jul 2019

The Supreme Court dismissed an appeal by Asim Shariff, the appellant, challenging the rejection of his discharge application under Section 227 of the ...

High Court

High Court of Karnataka Dismisses Petition Seeking Discharge in NIA Murder Case — Petitioner Failed to Show Prima Facie Case for Discharge Under Section 227 Cr.P.C. The court held that at the stage of framing charges, only a prima facie case is required, and the petitioner's involvement in the murder of Rudresh using a machete was prima facie established under Sections 302, 201 read with 34 IPC, Sections 3 and 27 of Arms Act, and Sections 15, 16, 17, 18 and 20 of Unlawful Activities (Prevention) Act, 1967.

22 Nov 2018

The petitioner, Asim Shariff, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Crimi...

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