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Draft:Phulwarisharif PFI Case (2022)

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The Phulwarisharif PFI Case , also known as the "India 2047" case or the Phulwari Sharif terror module case centers on a National Investigation Agency (NIA) probe into alleged terrorist activities planned by individuals linked to the Popular Front of India (PFI), an organization that was banned in India in September 2022.[1]

The NIA asserts the accused men conspired to undermine India's sovereignty and establish Islamic rule by 2047. The case began with a Bihar Police raid on July 11, 2022, in Phulwari Sharif, Patna[2] The raid resulted in the seizure of documents, including "India 2047: Towards Rule of Islamic India," which purportedly outlines a plan for establishing Islamic rule in India by 2047.[3]

Background

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According to the chargesheet, individuals associated with the PFI assembled in Phulwarisharif, Patna, Bihar, a day before Prime Minister Narendra Modi's July 2022 visit to Bihar, intending to carry out acts of terror and violence. They rented accommodation in Ahmad Palace in Phulwarisharif, using it for terror training and meetings to plan and execute these acts. The chargesheet also states the accused collected funds, recruited members, and encouraged followers to establish Islamic Rule in India by 2047. Two people were apprehended during raids on July 11, and several incriminating articles and documents related to PFI were seized. The case was initially registered on June 12, 2022, at Phulwarisharif police station and re-registered by the NIA . The accused were booked under various sections of the UAPA and IPC.[2]

Investigation

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Following the raid and the arrests of Jalaluddin Khan and Athar Parwez, the case, registered as Phulwari Sharif P.S. Case No. 827 of 2022, included charges under various sections of the IPC, including criminal conspiracy (120, 120B), waging war against the state (121, 121A), promoting enmity between religious groups (153A, 153B), and common intention (34).[4]

On July 22, 2022, the Indian government transferred the investigation to the NIA, which re-registered it and added Section 13 of the UAPA.On July 22, 2022, the Indian government transferred the investigation to the NIA, which re-registered it and added Section 13 of the UAPA. [4]

The NIA's investigation included:[4]

  • Arrests: Khan and Parwez were arrested initially. Based on their statements, over 25 others were named as accused, including Manzer Parwez, Abdur Rahman, Mahboob Alam, Shamim Akhtar, Md. Khaliquzzaman, and Md. Amin.
  • Seizures: Documents seized included "India 2047: Towards Rule of Islamic India - Internal Document - Not for Circulation," PFI pamphlets, and other materials related to PFI activities.
  • Digital Forensics: Seized digital devices, sent to the C-DAC in Thiruvananthapuram, Kerala, reportedly contained communally sensitive videos and evidence of participation in PFI protests.
  • Witness Statements: Protected witnesses (X, Y, and Z), claiming to be former PFI members, stated they were lured into the organization with promises of scholarships and financial assistance and then involved in activities promoting hatred and the PFI's agenda.
  • Interrogation: Khan reportedly admitted renting his house to Parwez for PFI training sessions. Parwez reportedly confirmed the training, admitted association with the banned SIMI, providing legal help to SIMI members, and preparing a group of ex-SIMI members for retaliatory actions. He linked the training to actions in Amravati and Udaipur.
  • Raids and Searches: The NIA conducted multiple raids across several states, yielding further arrests and seizures.[4]
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The legal proceedings related to the Phulwarisharif PFI Case (2022) have involved the Patna High Court, the Madras High Court, and the Supreme Court of India. The cases primarily focus on allegations of conspiracy and activities deemed anti-national, linked to the PFI's purported goal of establishing an Islamic state in India by 2047.

Patna High Court

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The court found a prima facie case against the accused, who were alleged to have conspired to disrupt Prime Minister Narendra Modi's visit to Bihar in July 2022.[5]The investigation uncovered evidence suggesting their involvement in activities aimed at disturbing communal harmony and promoting extremist ideologies.[4]

In May 2024, the Patna High Court denied anticipatory bail to six individuals linked to the case.[5]

Madras High Court

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In October 2023, the Madras High Court granted bail to several PFI members accused of anti-national activities who were found to have pictures of RSS members marked, NIA linked it with the vision document[6] The Union of India, through the National Investigation Agency (NIA), contested this decision. The Madras High Court's ruling faced scrutiny for potentially undermining national security concerns.

Supreme Court of India

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In May 2024, the Supreme Court overturned the Madras High Court's decision, ordering the PFI members to be taken back into custody.[7]

The Supreme Court found sufficient prima facie evidence indicating that the accused were involved in serious offenses under the Indian Penal Code (IPC) and the Unlawful Activities (Prevention) Act (UAPA).[7]

"India 2047" document

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The "India 2047: Towards Rule of Islamic India" document is central to the case. The NIA asserts it outlines a four-stage plan for establishing Islamic rule:[4]

  1. Uniting and Arming Muslims: Mobilizing the community, radicalizing youth, and providing weapons training.
  2. Selective Violence: Using violence strategically to demonstrate strength, create fear, and protect Muslims from perceived threats.
  3. Strategic Alliances and Infiltration: Forming alliances with Scheduled Castes, Scheduled Tribes, and Other Backward Classes to create societal divisions and weaken Hindu nationalist organizations, along with infiltrating institutions like the police, military, judiciary, and bureaucracy.
  4. Establishment of Islamic Rule: A complete takeover of power and establishing an Islamic state. The document reportedly suggests that 10% of Indian Muslims supporting the PFI could subjugate the Hindu majority. It proposes a new Islamic constitution, potentially with foreign support, and using the Babri Masjid demolition for radicalization.

Ban on PFI

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On September 28, 2022, the Indian government banned the PFI and its affiliates for five years under the UAPA, citing alleged terrorism links and activities against national security. The Phulwari Sharif case contributed to the ban.[1]

Public and media reaction

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The case generated significant attention. Media coverage varied, with some emphasizing national security concerns and others focusing on due process. The case also sparked political debate.

Current status

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Some accused remain in custody, others are absconding.[8]

See also

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References

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  1. ^ a b "Press Release: Press Information Bureau".
  2. ^ a b "NIA files chargesheet against 4 in connection with Patna PFI case". January 8, 2023 – via The Economic Times - The Times of India.
  3. ^ "Disturbing details emerge from internal PFI document -'India Vision 2047'". ThePrint. July 14, 2022.
  4. ^ a b c d e f "Patna High Court - Manzer Parwez @ Manzar Perwez vs The Union Of India Through The National Investigation Agency Bihar on 2 May, 2024" – via indiankanoon.org.
  5. ^ a b Upadhyay, Sparsh (May 8, 2024). "PFI-Phulwari Sharif 'Conspiracy' | 'Prima Facie Case Made Out' : Patna HC Denies Anticipatory Bail To 6 Accused". www.livelaw.in.
  6. ^ Arvind, Ayesha (October 26, 2023). "Possessing photos of RSS leaders not terrorist act: Madras High Court grants alleged PFI members bail in UAPA case". Bar and Bench - Indian Legal news.
  7. ^ a b "SC sets aside Madras HC order granting bail to PFI Members accused of anti-national activities and Islamic rule agenda, etc.; Directs surrender before NIA". May 23, 2024.
  8. ^ "Security agencies' meet discusses status of cases against PFI since Sept '22". August 4, 2024.
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