Bombay High Court Upholds Legal Awareness as a Fundamental Right
In a landmark ruling, the Bombay High Court has held that delivering speeches on legal awareness and educating people about their rights, particularly regarding police inquiries, does not constitute an anti-national activity. The judgment was delivered by a division bench comprising Justices Sarang Kotwal and Shriram Modak while granting bail to Shaikh Sadique Isaq Qureshi, a member of the Popular Front of India (PFI).
The court emphasized that legal education is essential for ensuring informed citizens and upholding democratic values. Merely informing individuals of their legal rights cannot be construed as a threat to national security
Qureshi had been accused of delivering speeches promoting legal awareness and associating with other PFI members, some of whom were allegedly involved in creating a document titled "Roadmap For Regaining Glory of Islam In India By 2047." The prosecution argued that the document aimed to establish an Islamic state in India.
"The statements of various witnesses do not go beyond the allegations that the Appellant (Qureshi) was giving speeches about legal awareness and making the members aware of their rights and how to respond when the police came for inquiry. This by itself cannot be termed as an anti-national activity," the bench observed.
The court further stated that while Qureshi had interactions with other accused individuals, this alone did not prove his involvement in any unlawful activities.
"It can only be an indirect inference which could be drawn to that effect. The prosecution will have to establish that particular aspect during trial. That question is left open to be decided during trial. However, at this stage, leniency can be shown to the Appellant, for consideration of his prayer for bail," the judgment read.
The bench analyzed the evidence presented in the charge sheet and found that the serious allegations, such as possession of the controversial roadmap and involvement in explosives training, were made against other accused individuals and not Qureshi. The court noted:
"The material in the charge sheet and the statements of witnesses show serious allegations against the other accused, including possession of the roadmap and other incriminating material regarding explosives training. But these materials were found against the other accused and not against the present Appellant."
Qureshi was arrested on September 22, 2022, after the Anti-Terrorism Squad (ATS) of Mumbai received confidential information that he, along with four other PFI members, had organized programs in various locations across Mumbai in February 2022. The prosecution claimed that the group's objective was to exert control over the majority population, implement religious rule, and replace the Indian Constitution with their personal laws.
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The prosecution accused Qureshi and co-accused Mohammad Asif Adhikari of leveraging their legal knowledge to educate associates about perceived legal loopholes. Other co-accused individuals allegedly played different roles:
- Mazhar Khan was accused of recruiting vulnerable youth.
- Moin Mistry allegedly provided training on digital security measures.
- Mohammad Iqbal was reportedly involved in physical training for members.
One of the key prosecution points was the discovery of the "Draft Booklet on Roadmap for Regaining the Glory of Islam in India by 2047." The document allegedly outlined a four-stage plan to achieve an Islamic state by uniting Muslims under PFI, instigating violence, infiltrating key institutions, and ultimately seizing power.
"Undoubtedly, the objectives and aims of this document are extremely dangerous," the court acknowledged.
However, the court clarified that Qureshi’s role must be assessed independently.
"In this case, in the entire record, we did not find anything to show that the Appellant had acted in any manner in support of this document or even propagating ideas and objectives mentioned in that document," the bench ruled.
The court also examined testimony from a witness who stated that Qureshi emphasized the importance of democracy, courts, media, and administration in his speeches. The bench found no evidence to suggest that Qureshi was inciting violence or encouraging illegal activities.
"Again, we do not find anything wrong in the Appellant giving lectures on these topics. It is nowhere mentioned that he was instigating the members to commit any offence or to wage war against India," the court noted.
Given these observations, the court ruled that Qureshi's continued detention was unwarranted and granted him bail.
Senior Advocate Mihir Desai, along with Advocates Hasnain Kazi, Shraddha Vavhal, Soham Jadhav, and Saipan Shaikh, appeared for the Appellant. Additional Public Prosecutor Jayesh Yagnik represented the State.
Case Title: Shaikh Sadique Isaq Qureshi vs. State of Maharashtra (Criminal Appeal 78 of 2024)
