Kochi | A special NIA court has revoked the order of attachment in connection with 10 properties that were linked with Popular Front of India (PFI) which was banned by the Centre in 2022 for its alleged links with global terrorist organisations.
Special NIA court judge P K Mohandas revoked, for varying reasons, the attachment order passed in 2022 by the Designated Authority under the Unlawful Activities (Prevention) Act (UAPA) in respect of all the properties.
In the case of properties owned by Malappuram-based Green Valley Foundation Trust -- which has been a major focus of the NIA investigation -- and the Karunya Foundation in Kollam, the court said that materials on record prima facie show "proceeds of terrorism".
It, however, revoked the attachment orders in respect of those properties, saying that "the Designated Authority has decided the matter without giving reasonable opportunity of being heard to the appellant and there is no proper compliance of the principles of natural justice".
In the other eight cases, including properties of private persons or trusts, the court found that the owners were not accused in the cases registered by the NIA and the materials before it were not enough to find that the properties were 'proceeds of terrorism'.
It also held that the order passed by the Designated Authority, in each of those cases, was done without following the principles of natural justice.
"... the impugned order of the Designated Authority is passed without following the principles of natural justice and is liable to be set aside on that ground alone. Further, building under attachment is not ‘proceeds of terrorism’ and the same is not liable to be attached under the UAPA," the court said in each of the eight cases.
The special court's 10 separate orders came on the pleas by the owners of the attached properties.
The Designated Authority had passed the attachment orders under the UAPA by holding that the properties were 'proceeds of terrorism'.
