Patna High Court
Sarfaraz Nawaz vs The Union Of India Through National ... on 18 April, 2025
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.907 of 2024
Arising Out of PS. Case No.-31 Year-2022 Thana- NIA District- Patna
======================================================
Sarfaraz Nawaz, S/o Abdul Rehman, R/a No. 1-119 Karubara Keri, Sajipa
Munnuru Village - Panemmangalore, Bantwal Taluk, Distt. - Dakshin
Kannada, Karnataka.
... ... Appellant
Versus
The Union of India through National Investigation Agency
... ... Respondent
======================================================
Appearance :
For the Appellant/s : Mr.Kundan Kumar Ojha, Advocate
For the Respondent/s : Dr Krishna Nandan Singh (ASG)
Mr. Manoj Kumar Singh, Spl.PP
Mr. Ankit Kumar Singh (JC)
Mr. Pramod Kumar (PP, NIA)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE MR. JUSTICE S. B. PD. SINGH
CAV JUDGMENT
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
Date : 18-04-2025
Heard learned counsel for the appellant and learned
counsel for the National Investigating Agency (in short 'NIA').
2. This appeal is arising out of the order dated
13.06.2024 (hereinafter called 'the impugned order') passed by
learned Special Judge, NIA, Patna, Bihar (hereinafter called the
'learned trial court') in Special Case No. 07 of 2022/R.C. No. 31
of 2022.
3. By the impugned order, the learned trial court has
been pleased to reject the prayer for bail of the appellant during the
Patna High Court CR. APP (DB) No.907 of 2024 dt.18-04-2025
2/17
ongoing trial. The appellant is aggrieved by and dissatisfied with
the order of the learned trial court.
4. In order to appreciate the matter, it would be
necessary to take note of the prosecution case.
Prosecution Case
5. The prosecution case is based on a self-written report
dated 12.07.2022 of Akrar Ahmed Khan, the Inspector of Police-
cum-Officer-in-Charge of Phulwarisharif Police Station, Patna. In
the written report, the informant alleged that on 11.07.2022, at
about 7:30 PM, he got an information that some miscreants are
planning to do some occurrence during the proposed Patna visit of
the Prime Minister of India, they are doing training for a fortnight
for this purpose. On this information, the Officer-in-Charge of
Phulwarisharif Police Station brought it to the notice of the senior
officers. The senior officers constituted a team of police officers
and with the said team, the Officer-in-Charge/informant reached
'Ahmed Palace' situated in Naya Tola Nahar under Phulwarisharif
Police Station. On reaching there and in course of verification, it
came to his notice that some unknown persons are holding meeting
on the second floor of the 'Ahmed Palace' during last two months
and visit of unknown persons are frequent there. The informant
Patna High Court CR. APP (DB) No.907 of 2024 dt.18-04-2025
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came to know that during 6th-7th July also, a meeting had taken
place in which some doubtful people had come.
6. It is alleged that as the informant was conducting the
verification, in the meantime, Md. Jalaluddin (A-2) and Athar
Parvez (A-1), who are the owner of 'Ahmed Palace', came there.
In their presence, in presence of two independent witnesses, when
the second floor of 'Ahmed Palace' was searched, in course of
search from a room, he found a literature, namely, 'India 2047
towards Rule of Islamic India, Internal Document not for
circulation' which was in seven pages and there were five copies
of the same. In search, thirty pamphlets written in 'Urdu' and
twenty five pamphlets written in 'Hindi' of Popular Front of India,
20 February 2021, forty nine flags made of clothes, red, green and
white bearing blue colour star on the flag, booklets printed in
'Urdu' were found. The search team also found thirty chairs placed
in the big hall and on a table, photocopy of lease deed on a non-
judicial stamp paper, showing the name of house owner of Farhat
Bano, wife of Jalaluddin and the name of lessee as Athar Parvez,
son of Abdul Qayum Ansari was found. The house owner informed
that the second floor of the building was taken by Athar Parvez for
purpose of giving training and training was provided on 6 th-7th
July 2022 in which people from other states had come and several
Patna High Court CR. APP (DB) No.907 of 2024 dt.18-04-2025
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doubtful person had also received training there. Athar Parvez,
however, denied but when the police enquired from him in
presence of Jalaluddin and local people, he told them that he was
an active member of SIMI organization and after the SIMI
organization was banned and the members of the same were in jail,
he was providing them legal help. He informed that at present he
was District General Secretary of SDPI party. He disclosed that the
parcha, flags and the booklets are of Popular Front of India (in
short 'PFI'). At the instance of the PFI, he is adding the former
members of SIMI with this party and is establishing a secret
organization. He disclosed that the main object of the organization
is to take revenge against the atrocities upon Muslims and
whosoever makes comment or abuses Islam religion, he is targeted
and attacked. Recently, Nupur Sharma had said wrong against the
religion, against her steps are being taken to take the revenge. For
this reason, revenge had been taken in Amravati in Maharashtra
and Udaipur in Rajasthan. He further disclosed that in this
planning, other persons are also actively participating with him.
He named twenty five other persons who were members of the PFI
in different areas and were conducting the activities of the PFI. He
disclosed that there are other people whom he identifies by face
and all of them could come and get training here and they are
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motivated to raise their voice and unleash war against a particular
community of the local society.
The Officer-in-Charge conducted a raid in the house of Athar
Parvez in Mohalla, Gulistan from where a bag containing red,
green and white colour flags inscribed with a blue colour star on
the flag and copy of the lease deed were found. From the bag, the
documents known as India 2047 towards rule of Islamic India,
Internal document not for circulation and other documents were
also found. The contents of the documents India 2047 towards
Rule of Islamic India has been mentioned in the FIR which is
being reproduced as under:
"... Popular Front of India (PFI) is confident that even if
10% of total Muslim population rally behind it, PFI would
subjugate the coward majority community to their knees
and being back the glory of Islam in India.
External Help
In the scenario of full-fledged show down with the State,
apart from relying on ours trained PE cadres, we would
need held from friendly Islamic countries. In the last few
years, PFI has developed friendly relationship with
Turkey, a flag-bearer of Islam. Efforts are on to cultivate
reliable friendship in some other Islamic countries"
7. During investigation, the name of the appellant
transpired alleging his involvment in illegal channelising of the
funds from United Arab Emirates/Saudi Arabia and depositing the
same in the bank account of different entities including the accused
persons of East Champaran (Motihari) Module of the PFI of this
case. The data extracted from the mobile of the appellant and the
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co-accused persons connected with this case were sent for
laboratory analysis and the analysis datas showed the involvement
of the appellant in transfer of funds using UPI in the Bank account
of Sajjad Alam (A-39). It is alleged that the statement of witnesses
established the association of the appellants with other co-accused
persons and their involvement in transfer of illegal funds from
abroad to different persons of India for committing terrorist act.
The appellant was a member of PFI and he was working towards
establishing Islamic Rule in India by 2047 and to overthrow the
democracy in India. He was arrested on 06.03.2023 from Dakshina
Kannada District from the State of Karnataka.
8. Learned counsel for the appellant has submitted that
the appellant is not a member of the PFI as alleged by the
prosecution agency rather he was running a small welding shop at
his local market and he had no concern with any person of the
State of Bihar.
9. It is further submitted that the petitioner had
transferred total Rs.40-50,000/- only using his account and UPI
and such transfers have been done by the appellnat for commission
of Rs.100-500/-. It is submitted that there is absolutely no
allegation pointing out commission of any act within the meaning
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7/17
of terrorist act as defined under Section 2(k) r/w Section 15 of the
UA(P) Act.
10. It is submitted that although some of the witnesses
have spoken about the collection of funds and sending it to
different accused persons but there is no whisper in the arguments
of the prosecution agency about the nature of evidence or
documents collected by them to make them believe or come to the
conclusion about their alleged links with the terrorist organisation.
It is pointed out that in view of the previous FIRs in RC No.
14/2022/NIA/DLI dated 13.04.2022 and FIR in RC No.
42/2022/NIA/DLI dated 19.09.2022 on the same set of allegations
against another set of accused with a verbatim reproduction of the
same offences is nothing but a violation of the 'doctrine of
sameness' as laid down by the Hon'ble Supreme Court in the case
of T.T. Antony vs. State of Kerala reported in (2001) 6 SCC
181.
11. It is pleaded on behalf of the appellant that all
transactions of the appellant pertains to the period prior to the
imposition of ban on PFI organisation, therefore, no prima facie
offence under UA(P) Act would be made out against the appellant.
It is submitted that there is absolutely no prima-facie evidence that
any fund deposited by the appellant has ever been used for
Patna High Court CR. APP (DB) No.907 of 2024 dt.18-04-2025
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committing any terrorist act. The appellant is not connected with
the State, he is not a member of the PFI and there is absolutely no
material to connect the appellant with any of the offences alleged.
The submission is that in this case the rigours of Section 43D(5) of
the UA(P) Act, 1967 would not be attracted.
12. It is lastly submitted that the appellant is in jail for
over two years, charges have been framed but there is no progress
in the trial and till date only one witness has been completely
examined, the cross-examination of the second prosecution
witness is in progress and with this pace, examination of 160-170
witnesses which the NIA intends to produce would take several
years. An alternative submission is that even if the rigours of
Section 43D(5) is attracted, this Court being a constitutional court
directs release of the appellant on the ground of violation of the
fundamental right of the appellant because of the prolonged
incarceration without there being any chance of early conclusion
of trial.
13. The prayer for bail of the appellant has been opposed
by learned ASG for the NIA. It is submitted that the seized
documents from the second floor of the Ahmed Palace which was
rented out to the accused Athar Parwez (A-1) by the wife of Md.
Jallaludin (A-2), it would appear that the seized documents were
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prepared and circulated by PFI for uniting their members to carry
out their objective clearly for mass upheavel endangering the
security, safety and integrity of the nation even at the cost of
resorting to violence for which manifesto clearly indicated for
imparting training in arms and explosies to their members. It is for
this reason that Section 13 of the UA(P) Act was invoked in the
instance case. It is submitted that the investigation brought out that
the outfit, though advertises to be promoting national integration
with communal and social harmony, it is engaged in anti-national
and anti-social activities, including kidnapping, murders,
intimidation, hate campaigns, rioting, Love Jihad, and religious
extremism. It has its external linkage and connections with various
Islamic terrorist groups like ISIS and ISKP. It is submitted that
during investigation, the bank account statement of the accused
persons, Popular Front of India and Rehab India Foundation were
obtained and analysed. The analysis of the Syndicate Bank
Account (now Canara Bank) of the PFI, Bihar and HDFC Bank
Account of Rehab India Foundation revealed that the money was
also transferred in the accounts of the persons including FIR
named accused persons in the name of scholarship etc. Reyaz
Moarif (A-4) has also received Rs.28,000/- from the bank account
of the said PFI, Bihar in his Punjab National Bank for the criminal
Patna High Court CR. APP (DB) No.907 of 2024 dt.18-04-2025
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activities of PFI. The Directorate of Enforcement vide a
Provisional Attachment Order No. 14 of 2022 and 15 of 2022 both
dated 01.06.2022 has attahced the bank account of PFI including
the bank account of PFI, Bihar and Rehab India Foundation. The
same has also been confirmed by the Adjudicating Officer vide
orders dated 23.11.2022 and 24.11.2022.
14. In the chargsheet, as regards this appellant, it is
stated in paragraph '17.42' that Md. Sinan (A-31), Sarfaraz
Nawaz (A-32, this appellant), Iqbal (A-33), Abdul Rafiq M (A-34)
of the Dakshin Kannad, District of Karnataka and Abid K M (A-
35) of Kasargod, District of Kerala were involved in channelising
illegal funds from United Arab Emirates and Saudi Arabia to
various suspects in India. During searches conducted at seven
locations in Kasargod District of Kerala and Dakshina Kannada
District of Karnataka on 05.03.2023, large number of
incriminating evidences were recovered pertaining to illegal
transactions. Thus, the allegation against this appellant is that of
channelising the illegal funds. The appellant has been
chargesheeted in the second supplementary chargesheet filed on
01.09.2023
against five arrested accused namely Md. Sinan (A-
31), Sarfaraz Nawaz (the appellant and A-32), Iqbal (A-33), Abdul
Rafiq M (A-34) and Abid K M (A-35).
(emphasis supplied)
Patna High Court CR. APP (DB) No.907 of 2024 dt.18-04-2025
Consideration
15. We have heard learned counsel for the appellant and
learned ASG for the NIA as also perused the records placed before
this Court. At the outset, we find that in paragraph '17.63' of the
supplementary chargesheet no. 1D/2023 enclosed with the counter
affidavit of NIA, the role of one Reyaz Moarif @ Babloo (A-4) who
happened to be the then General Secretary and Vice President of the
PFI has been mentioned. It is alleged that he had hatched a criminal
conspiracy with other co-accused persons of PFI for accomplishing
Islamic Rule in India by 2047. He radicalised Muslim youths to join
PFI and took bayeth (Oath) for working on the agenda of PFI. He
collected funds for the activities of the PFI, organised training camps
for imparting training on martial, attack using knives, iron rod,
chopper and other weapons, subverting their to abet waging of war
against the Government of India. The Investigating Agency has
analysed the call data record of mobile numbers 7004947874 and
7033373446 of Reyaz Moarif (A-4). Paragraph '17.64' of the charge-
sheet specifically names the persons with whom Reyaz Moarif (A-4)
has been found connected with. We, therefore, reproduce paragraph
'17.64' of the chargesheet as under:-
"17.64 Analysis of Call data record of mobile number
7004947874 & 7033373446 of Reyaz Moarif (A-4)
revealed that he was associated with the FIR named
accused persons of the PFI namely Athar Parvej (A-1)
mobile no. 8292626020, Tausif Alam (A-6) mobile no.
8084072313, Shamim Akhtar (A-3) mobile no.
Patna High Court CR. APP (DB) No.907 of 2024 dt.18-04-2025
9311114145, Mohammad Sanaullah @ Aakif (A-5) mobile
no. 7739774394 & 9122826649, Noorudin Jangi (A-19)
mob. no. 9871575416, Ehsan Parvej (A-8) mobile
no.9973693322, Md. Reyaz @ Reyaz Farangipet (A-20)
mob. No. 9980082057, Mehboob ur Rehman (A-11) mob.
no. 7044064786, Md Ansarul Haque @ Ansar Bhai (A-21)
mob. no. 8936099120, Ehsan Pervej 9973693322, Md.
Roselan (A-10) 9840063406 and Mazaharul Islam @
Mazhar Imam (A-23) mobile no. 6205119635 in the
criminal conspiracy of the PFI. He was also connected with
other co-accused Md Yaqub khan @ Sultan @ Usman (A-
27) Mob. no. 7256846744, Md Tanweer Raja Barkati (A-
28) mobile no. 9572424047, Md. Belal @ Md. Irshad (A-
30) mobile no. 8294182181, Shahid Reza (A-38) mobile
nos. 9693715141 & 8207674451 and other PFI members
for extending the criminal conspiracy of PFI even after ban
of the PFI by Central Government."
16. The above connection has been shown with a graphic
detail in the charge-sheet and we have extracted the same
hereunder for a ready reference:-
17. It is evident from paragraph '17.64' of the
chargesheet no. 1D/2023 that the analysis of call data record of
Reyaz Moarif (A-4) is not showing his connection with Sajjad
Patna High Court CR. APP (DB) No.907 of 2024 dt.18-04-2025
Alam or Sarfaraz Nawaz (the appellant). In paragraph '17.42' of
the charge-sheet although it is alleged that this appellant and some
other co-accused were involved in channalising illegal funds from
United Arab Emirates and Saudi Arab to various suspects in India
but it nowhere shows that how much amount were sent by the
appellant and in whose account. There is a mere assertion that
illegal funds have been channelised to various suspects in India.
The words "suspect in India" clearly shows that the Investigating
Agency is not sure about the nature and the purpose of transfer of
fund in so-called suspected accounts. There is no material to show
that such funds were transferred by the appellant in the suspected
account for carrying on any terrorist act within the meaning of
Section 15 of the UA(P) Act, 1967.
18. Some of the accused namely Nooruddin Jangi @
Advocate Nooruddin Jangi and Athar Parwez who are shown
connected to Reyaz Moarif (A-4) have been granted bail by this
Court and the Hon'ble Supreme Court.
19. This Court further finds that the account of the PFI
was already attached on 01.06.2022 i.e. much before the date of
the FIR in this case and the provisional order had been confirmed
by the Adjudicating Officer vide orders dated 23.11.2022 and
24.11.2022. The charge-sheet nowhere says that on which date and
Patna High Court CR. APP (DB) No.907 of 2024 dt.18-04-2025
in which account the appellant transferred the amount. This has to
be understood prima-facie in the light of the assertion of the
appellant that he had deposited a total of Rs.40-50,000/- for
earning commission and those were made prior to imposition of
ban on PFI organisation. There is nothing on the record to show
that such transfers would fall within the definition of 'terrorist act'
and the transfer would be taken as raising funds for 'terrorist act'
as envisaged under Section 17 of the UA(P) Act, 1967. The
chargesheet does not contain any description of the so-called
suspected accounts in which the appellant had made transfer of
money.
20. This Court further finds that the case of the appellant
would be clearly distinguishable from the case of Md. Irshad Alam
and Md. Reyaz Moarif whose prayer for bail has been rejected by
this Court in Criminal Appeal (DB) No. 130 of 2024 and Cr.
Appeal (DB) No. 42 of 2024. The role of Md. Reyaz Moarif (A-4)
as discussed in the charge-sheet has been taken note of
hereinabove, no connection of the present appellant has been
shown while analysing the details of the two mobile phones of Md.
Reyaz Moarif (A-4).
21. There is no allegation much less any material that the
appellant has transferred any money in the account of PFI Bihar
Patna High Court CR. APP (DB) No.907 of 2024 dt.18-04-2025
through said Md. Reyaz Moarif (A-4). Similarly, so far as Irshad
Alam is concerned, his prayer for bail was rejected by this Court
after noticing the transcript of the talks between the said appellant
and the co-accused Md. Yaqub Khan @ Usman @ Sultan (A-27).
This Court has noticed in the case of Md. Irshad Alam, the
materials on the record and the legally intercepted telephonic talk
which he had with the other activists of the organisation in which
he was found arranging the arms and ammunition and conducted
recce of a youth in order to plan his targeted killing. The case of
the present appellant is clearly distinguishable.
22. This Court further finds that in this case, till date
three accused persons have been enlarged on bail. One Nooruddin
Jangi @ Advocate Nooruddin Jangi was granted bail by a learned
coordinate Bench of this Court in Criminal Appeal (DB) No. 749
of 2023 whereas two other accused, namely, Md. Jalaluddin Khan
@ Md. Jalaluddin (A-2) and Athar Parwez (A-1) have been
granted bail by the Hon'ble Supreme Court in Criminal Appeal
No. 3173 of 2024 and Criminal Appeal No. 5387 of 2024
respectively. In case of Athar Parvez, which is a recently decided
case by the Hon'ble Supreme Court, while noticing the facts of the
case, the Hon'ble Supreme Court has observed that in the charge-
sheet, there is no allegation that the appellant was a member of a
Patna High Court CR. APP (DB) No.907 of 2024 dt.18-04-2025
terrorist gang or organisation. The PFI of which the appellant was
allegedly a member has not been declared a terrorist organisation
within the meaning of Section 2(m) of the UA(P) Act, 1967. As
regards the funds received by Athar Parwez (A-1), the Hon'ble
Supreme Court has observed in paragraph '30' of the order as
under:-
"30. Allegations against the Appellant with regard to
having collected Zakat from the people for helping the PFI
or recruiting members of PFI. Suffice it to say at this
stage, that on the day such activities were carried out by
the Appellant, PFI was not a banned organisation. None of
the witnesses or the protected witnesses stated that the
money so collected in the form of Zakat was ever
misappropriated by the Appellant or was in any manner
used for illegal activities. The statement of the protected
witnesses has not mentioned anything specific that would
be attributed to the Appellant which could prima facie
attract charges under the UAPA, 1967."
23. We have taken note of paragraph '30' notwithstanding
the fact that so far as the case of the appellant is concerned, the
investigating agency has not found any money transferred by the
appellant in the account of the PFI, Athar Parwez or Md. Reyaz
Moarif.
24. In the light of the aforementioned discussions, keeping
in view what transpired from the charge-sheet placed before us, we
are of the opinion that there is no reasonable ground for believing
that the accusations against the appellant of raising funds for terrorist
act are prima facie true. For taking this view, the Court is merely
expected to record a finding on the basis of broad probabilities, as
has been observed by the Hon'ble Supreme Court and we are doing
Patna High Court CR. APP (DB) No.907 of 2024 dt.18-04-2025
the same taking the materials placed before us as they are. Thus, the
rigors of Section 43D(5) of the UA(P) Act, 1967 would not be
attracted in this case.
25. In view of our above opinion, we need not go into the
alternative submission of learned counsel for the appellant. The
appellant has remained in custody for over two years and the views
expressed by Hon'ble Supreme Court in case of Athar Parwez would
cover the case of this appellant as well.
26. In result, we set aside the impugned order of the
learned trial court and direct release of the appellant on bail
immediately on such terms and conditions as may be deemed just and
proper by the learned trial court. The learned trial court shall
determine the terms and conditions to be imposed upon the appellant
after hearing learned counsel for the respondent.
27. It is made clear that the observations made hereinabove
are tentative in nature and no part of it shall cause prejudice to the
case of the either parties and it will have no bearing on the trial.
(Rajeev Ranjan Prasad, J)
(S. B. Pd. Singh, J)
Rishi/-
AFR/NAFR
CAV DATE 11.04.2025
Uploading Date 18.04.2025
Transmission Date 18.04.2025
