Kochi, Jul 31 A special NIA court here has ordered the release of a building in Kannur that had been attached after it was found to have housed an office of the banned PFI.
Special NIA Court Judge P K Mohandas on Thursday passed the order on an appeal filed by Abdul Salam Madathil and Sulaikhabi, owners of the Chalileth Prambil building in Kannur, challenging the attachment of the property.
The designated authority under the Unlawful Activities (Prevention) Act attached the building in December 2022 after the National Investigation Agency (NIA) registered a case against the Popular Front of India (PFI), following the organisation's ban.
The appellants contended that they could not submit their representation before the designated authority before the attachment order was passed and said they depended on the rental income from the building for their livelihood.
During the hearing, the NIA opposed the plea, contending that the attached property had been used for terrorist activities.
However, the court observed that the PFI was declared an unlawful association only on September 28, 2022, and that the investigating agency had no case that the organisation was a prohibited association when the premises had been rented out.
"The investigation officer has no case that when the room was rented out to the PFI it was a prohibited association. Only because the office of the PFI was functioning in the building, it cannot be said that the property in question is proceeds of terrorism as defined under the Unlawful Activities (Prevention) Act," the court observed.
The court further noted that there was no specific allegation that the building had ever been used for any terrorist activity.
It also took note of the rental agreement produced by the appellants, which showed that only one room in the building had been leased to the PFI while the remaining rooms had been rented out to other tenants.
"The respondents have no case that the appellants have any connection with terrorist activities. None of the appellants is an accused in the PFI case. Further, there is not even an allegation that the use, if any, of the building by the occupant for any illegal purpose was with the consent or connivance of the appellants," the court said.
In the absence of any such evidence, the court held that the property could not be treated as proceeds of terrorism and set aside the attachment order issued by the investigating officer and confirmed by the designated authority.
The court, however, clarified that its order would not prevent the investigating agency from initiating fresh proceedings against the property if fresh material emerged.
The NIA had registered the case against the PFI following the ban on the organisation over alleged anti-national and terrorist activities. According to the agency, 67 persons have so far been arrested in connection with the case.
