Bombay High Court Grants Bail to PFI Member, Shaikh Sadique Isaq Qureshi

The Bombay High Court granted bail to Shaikh Sadique Isaq Qureshi, a member of the Popular Front of India (PFI), who was arrested for allegedly giving speeches about legal awareness and being involved in discussions about a controversial "roadmap" aimed at transforming India into an Islamic state by 2047.

Court's Ruling on Free Speech and Legal Awareness

A division bench of Justices Sarang Kotwal and Shriram Modak emphasized that merely giving speeches regarding legal awareness and educating members about their rights and how to respond to police inquiries is not anti-national. The bench stated, "The statements of various witnesses do not go beyond the allegations that the Appellant was giving speeches about legal awareness and making the members aware of their rights and how to respond when the police came for inquiry."

Absence of Direct Evidence Against Qureshi

The Court also noted that while Qureshi was in regular contact with other accused members of the PFI and some witnesses suggested he was aware of the group’s alleged roadmap, there was no direct evidence linking him to the illegal objectives of the group. The judges clarified that the prosecution would need to prove, beyond doubt, Qureshi’s involvement in furthering the alleged aims of the PFI. However, at this stage, the Court found sufficient grounds to grant bail based on the absence of direct evidence against him.

Background of the Case and Charges

Qureshi was arrested in September 2022 after a secret operation by the Anti-Terrorism Squad (ATS). The ATS alleged that Qureshi, along with other PFI members, had organized several programs to promote their Islamic State agenda and spread religious extremism in areas like Dharavi, Kurla, Chembur, and Trombay. The charges against him included involvement in creating a blueprint for violence and subverting India’s constitutional framework.

Despite the serious charges, including being accused of knowing about the PFI roadmap, the Court granted bail, as the charges against Qureshi appeared to be based on indirect evidence and allegations.

Court's Reasoning on Roadmap and Evidence

The prosecution presented evidence in the form of a draft booklet titled "Roadmap for Regaining the Glory of Islam in India by 2047," found with one of the co-accused. This document allegedly outlined steps for creating an Islamic state, with various stages involving weapon training, violence, and attempts to infiltrate key institutions. However, the Court stressed that Qureshi's involvement with the roadmap was not established through direct evidence. Contact details between him and the other accused were not sufficient to prove active participation in the illegal activities outlined in the document.