Delhi High Court Issues Notice to NIA in Appeal of PFI Leader Afsar Pasha in Terror Case

New Delhi: The Delhi High Court has issued a notice to the National Investigation Agency (NIA) regarding an appeal filed by Afsar Pasha, a prominent leader of the banned Popular Front of India (PFI), in a terror-related case. Pasha, who serves as the national secretary of PFI, had previously been denied bail by a special NIA court in November 2024.

A division bench comprising Justices Prathiba M Singh and Rajneesh Kumar Gupta has directed the NIA to submit its response within three weeks. Additionally, the court has granted Pasha’s legal counsel two weeks to file a rejoinder following the NIA’s response. The case has been scheduled for its next hearing on May 6, 2025.

Legal Proceedings and Background

Afsar Pasha’s appeal has been filed through advocate Saipan Dastgir Shaikh, challenging the special NIA court’s decision dated November 30, 2024. The NIA had originally registered a case against PFI office bearers and members in November 2022 under various sections of the Indian Penal Code (IPC) and the Unlawful Activities (Prevention) Act (UAPA), 1967.

The case was filed at the NIA Police Station in New Delhi under Sections 120B (criminal conspiracy) and 153A (promoting enmity between different groups) of the IPC, along with multiple sections of the UAPA, including Sections 17, 18, 18B, 20, 22B, 38, and 39.

Allegations Against PFI Leaders

The NIA alleges that PFI office bearers engaged in criminal conspiracy, raising and collecting funds from both domestic and international sources to orchestrate terrorist activities across India. As part of the investigation, law enforcement agencies conducted extensive searches at 39 locations across ten states, including multiple PFI offices. These raids led to the recovery of 432 incriminating digital devices and documents, which were subsequently sent for forensic analysis.

On September 22, 2022, authorities arrested 19 individuals linked to PFI, including:

• OMA Salam alias O.M. Abdul Salam
• E.M. Abdul Rahiman alias E M
• Anis Ahmed
• Afsar Pasha
• V.P. Nazarudheen Elamaram alias Nazaruddin Elamaram
• E. Abubakar
• Prof. P. Koya alias Kaleem Koya
• M. Mohammed Ali Jinnah
• Abdul Wahid Sait
• A.S. Ismail alias Appamma Ismail
• Advocate Mohammed Yousuf
• Mohammed Basheer
• Shafeer K.P.
• Jaseer K.P.
• Shahid Nasir
• Waseem Ahmad
• Mohammed Shakif
• Mohammed Farooq Rehaman alias Muhammed Farooq Ur Rahman
• Yasir Hasan alias Yasir Arafat Hasan alias Yasin

Investigation Findings and Financial Transactions

During the investigation, forensic analysis of social media accounts of the accused individuals revealed their alleged involvement in unlawful activities. Financial scrutiny of the bank accounts linked to PFI leaders uncovered transactions directed toward individuals engaged in illegal activities.

Specifically, the investigation found:

• Financial transactions linking PFI members to accused individuals, including Ansad Badrudeen, who is currently implicated in another terror case under the Anti-Terrorism Squad (ATS) of Gomti Nagar, Lucknow.
• Periodic payments made from PFI bank accounts in Hyderabad to individuals allegedly providing arms training.
• The recruitment and training of individuals for PFI’s elite service teams, which were tasked with providing security to senior PFI leaders and identifying members of the Rashtriya Swayamsevak Sangh (RSS) and Bharatiya Janata Party (BJP) for targeted assassinations.

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Gazwa-e-Hind Allegations and Witness Testimonies

The NIA’s investigation has relied heavily on testimonies from eight protected witnesses, recorded under Sections 161 and 164 of the Code of Criminal Procedure (CrPC). According to these testimonies, PFI’s long-term goal was reportedly to establish Islamic rule in India by 2047 through systematic acts of violence under the pretext of ‘Gazwa-e-Hind.’

The NIA continues to build its case against PFI, and the upcoming hearing on May 6 will determine the next steps in the legal proceedings against Afsar Pasha. The case remains a high-profile matter as authorities intensify their efforts to counter alleged extremist activities in India.