Supreme Court Grants Bail to PFI Member, Says Special Laws Also Include Bail Provisions

In a notable ruling, the Supreme Court of India granted bail to a member of the Popular Front of India (PFI), stating that the principles of bail apply even under special laws like the Unlawful Activities (Prevention) Act (UAPA). The bench, consisting of Justice Abhay S. Oka and Judge Augustine George Masih, remarked that courts should not hesitate to grant bail in such cases, regardless of how severe the allegations may be. They emphasized that bail is the rule and imprisonment is the exception, a principle that holds true under special laws such as UAPA.The court ruled that PFI is not listed as a ‘terrorist organization’ under the UAPA’s Schedule I, as there was no evidence in the chargesheet indicating that the accused was part of any terrorist group. Justice Oka and Judge Masih noted that the chargesheet failed to demonstrate that the accused was a member of a listed terrorist organization.Furthermore, the bench observed discrepancies between the chargesheet and actual witness statements. The witnesses did not name the accused as a participant in the alleged PFI meetings, and there were no direct instructions in the witness statements related to the alleged attacks. The court criticized both the special court and the High Court for not impartially evaluating the chargesheet, suggesting that too much focus was placed on PFI’s activities rather than the specific case of the appellant.