ORDER

Date : 19-11-2022 The instant interlocutory application has been filed by the accused-petitioner, viz.

Farhad Ali @ Farhad Ali Ahmed in connection with a pending application - B.A. no. 2910/2022 [Farhad Ali @ Farhad Ali Ahmed vs. State of Assam], already preferred by the accused- petitioner under Section 439, Code of Criminal Procedure, 1973 [CrPC] praying for his release on bail in connection with SOU Police Station Case no. 02/2022, registered for offences under Sections 120B/124A/153A/353, Indian Penal Code [IPC].

2. In connection with the afore-mentioned crime case, the accused-petitioner was arrested and produced before the Court of learned Chief Judicial Magistrate, Kamrup [Metro], Guwahati on 22.09.2022. On being so produced, the accused-petitioner had been remanded to custody and since 22.09.2022, he is in custody.

3. In the First Information Report [FIR], lodged by the Additional Superintendent of Police, Special Branch, Assam on 21.09.2022, it has been stated that reliable intelligence inputs have been received from different sources to the effect that the organization named Popular Front of India [PFI] with its State office in Guwahati is making all out efforts to foment communal strife throughout the State of Assam. It has been stated that the PFI is trying to whip communal passion and sentiments of the religious minority, by criticizing every policy of the Government with communal overtones. It has been alleged that the members of PFI are obstructing the Government servants in performing Government duties and are trying to divide the society on religious lines. The members of PFI are extensively using cyber and social media tools like twitter, e-postering, organizing webinars through Zoom or Google meet in order to spread their communal propaganda and feelings. In the FIR, 12 [twelve] nos. of persons have been named as the members of PFI who are allegedly actively involved in the conspiracy of propagating the anti-establishment agenda with communal overtones with a view to polarizing the society on religious lines throughout the State. The name of the present accused-petitioner has figured at Serial no. 7 in the list of 12 [twelve] nos. of persons.

4. When the application, B.A. no. 2910/2022 was moved on 07.11.2022, the Court directed production of the concerned case diary on 21.11.2022. It was submitted on behalf of the accused-petitioner on that day [07.11.2022] that the mother of the accused-petitioner viz. Mrs. Firoza Ahmed was undergoing medical treatment at Nemcare Hospital, Bhangagarh, Guwahati and she had been put on ventilation since 03.11.2022. In support of such submission regarding medical treatment, some medical documents have been brought on record by way of an additional affidavit including one certificate issued by one Dr. Sourabh, who was treating Mrs. Firoza Ahmed at that point of time. As per the certificate issued by Dr. Sourabh, the mother of the accused-petitioner viz. Mrs. Firoza Ahmed was suffering from severe respiratory disease. It was submitted on behalf of the accused-petitioner on that day that he be allowed to pay a visit to his mother at Nemcare Hospital on any date, during the interregnum, till production of the case diary. The Court on 07.11.2022 after hearing the learned counsel for the accused-petitioner and the learned Additional Public Prosecutor for the respondent State of Assam and taking note of the fact that the mother of the accused- petitioner viz. Mrs. Firoza Ahmed had been put on mechanical ventilation on 03.11.2022 at Nemcare Hospital, Bhangagarh, Guwahati, allowed the said prayer by directing the Jailor, Guwahati Central Jail to make necessary arrangement with proper police escort for the accused-petitioner to pay a visit to his mother on any of the days during the period from

09.11.2022 to 16.11.2022, with prior notice to the concerned hospital authorities.

5. In the instant interlocutory application, it is stated that after the order dated 07.11.2022 passed in B.A.