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“The applicant [MK Nasar] has been undergoing incarceration, at the pre-conviction and post-conviction phases, for over 9 years. Furthermore, the fact that the accused facing the same allegations were earlier imposed a lesser term of imprisonment and have been released after having undergone the sentence is a factor that cannot be ignored.”
The Court noted that the appellants had participated in spreading hatred against the State and in spreading anti-national agenda through various means of propaganda including use of electronic media by creating WhatsApp groups and circulating messages detrimental to the interest of the nation.
Allahabad High Court said that even if it is believed that part of proceeds of crime was transferred in the bank account of Atikur Rahman, that itself may not be sufficient to prove that Siddique Kappan has dealt with the proceeds of crime which had been allegedly received by K.A. Rauf Sherif. Thus, granted him bail.
The Govt. of India had imposed a ban of PFI declaring it an unlawful organisation under the UAPA. The Notification banning the organisation was given ‘immediate effect’, which was then challenged before the High Court