ATHAR PARWEZ versus UNION OF INDIA

Citation: [2024] 12 S.C.R. 1093 · Decided: 17-12-2024 · Supreme Court of India · Bench: ABHAY S. OKA · Disposal: Appeal(s) allowed
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Judgment (excerpt)

[2024] 12 S.C.R. 1093 : 2024 INSC 995
Athar Parwez 
v.
Union of India
(Criminal Appeal No. 5387 of 2024)
17 December 2024
[Abhay S. Oka and Augustine George Masih,* JJ.]
Issue for Consideration
Appellant alleged to be an active member of the Popular Front 
of India (PFI) involved in planning to cause disturbance during 
the proposed visit of Prime Minister of India to Patna in 2022. 
Chargesheet filed against the appellant under Sections 121, 121A, 
122, 153A & 153B of the IPC and Sections 13, 17, 18, 18A, 18B & 
20, Unlawful Activities (Prevention) Act, 1967. Charges not framed 
yet. Appellant has undergone long incarceration, no likelihood of 
trial being completed in near future. High Court whether justified 
in denying bail.
Headnotes†
Unlawful Activities (Prevention) Act, 1967 – s.43-D(5) – 
Constitution of India – Article 21 – Denial of bail to the 
appellant – Challenge to:
Held: Impugned judgment set aside – The PFI of which the appellant 
was a member has not been declared a terrorist organisation within 
the meaning of Section 2(m), UAPA, 1967 – It is not mentioned 
as a terrorist organisation in the first schedule thereof – The 
chargesheet and the statement of witness ‘Z’ when seen as it is, it 
would not be possible to record prima facie finding that commission 
of offence under the UAPA, 1967 would be attracted as there are 
no reasonable grounds for believing that the accusations are prima 
facie correct – Statement of the protected witnesses does not 
mention anything specific that would be attributed to the appellant 
which could prima facie attract charges under UAPA – Test relating 
to Section 43-D(5) of the UAPA, 1967 satisfied – Further, the 
appellant was arrested on 12.07.2022 and has undergone custody 
for more than two years and four months– Chargesheet was filed 
on 07.01.2023 but till date charges have not been framed – There 
* Author
1094
[2024] 12 S.C.R.
Supreme Court Reports
are 40 accused and 354 witnesses to be examined – Trial is not 
likely to be completed soon – Appellant cannot be allowed to 
languish in jail indefinitely and that too without a trial in violation 
of Article 21 – Co-accused of the Appellant has been granted bail 
on similar grounds – Appellant granted bail on the conditions to 
be fixed by the Special Court. [Paras 28, 31-34]
Criminal Law – Bail – Bar/strict statutory provisions – 
Constitution of India – Article 21 – Right of speedy trial – Grant 
of bail in cases of long incarceration, delay in conclusion of 
the trial – Discussed:
Held: Keeping the statutory provisions in mind but with the passage 
of time the effect of that statutory provision would in fact have to 
be diluted giving way to the mandate of Part III of the Constitution 
where the accused as of now is not a convict and is facing the 
charges – Constitutional right of speedy trial in such circumstances 
will have precedence over the bar/strict provisions of the statute 
and cannot be made the sole reason for denial of bail – Therefore, 
the period of incarceration of an accused could also be a relevant 
factor to be considered by the constitutional courts not to be merely 
governed by the statutory provisions. [Para 20]
Case Law Cited
Union of India v. K.A. Najeeb [2021] 1 SCR 443 : (2021) 3 SCC 
713; Thwaha Fasal v. Union of India [2021] 8 SCR 797 : (2022) 
14 SCC 766; Javed Gulam Nabi Shaikh v. State of Maharashtra 
and Anr. [2024] 7 SCR 992 : 2024 SCC OnLine SC 1693 – held 
applicable.
National Investigation Agency v. Zahoor Ahmad Shah Watali [2019] 
5 SCR 1060 : (2019) 5 SCC 1; Jalaluddin Khan v. Union of India 
[2024] 8 SCR 633 : 2024 SCC OnLine SC 1945 – referred to.
List of Acts
Unlawful Activities (Prevention) Act, 1967; Penal Code, 1860; 
Constitution of India.
List of Keywords
Bail; Section 43-D(5) of the Unlawful Activities (Prevention) Act, 
1967; Popular Front of India (PFI); Disturbance; Proposed visit of 
[2024] 12 S.C.R. 
1095
Athar Parwez v. Union of India
Prime Minister of India; Charges under UAPA; Long incarceration; 
Terrorist organisation; Languish in jail indefinitely; Article 21 of 
the Constitution of India; Co-accused; Delay in conclusion of the 
trial; Right of speedy trial; Period of incarceration; Islamic rule; 
Recoveries; Religious disharmony; Religious hatred; Terrorist 
organisation; Islamic rule; Nupur Sharma; Prophet Mohammad; 
Communal sloganeering; Objectionable activities; Student Islamic 
Movement of India (SIMI).
Case Arising From
CRIMINAL APPELLATE JURISD
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