Merely Attending 'Jihadi' Meetings Of An Organization Which Is Not Banned By Govt Prima Facie Not 'Terrorist Act' Under UAPA: Karnataka High Court
Live LawThe Karnataka High Court recently granted bail to one Saleem Khan, an alleged member of the Al-Hind Group which is allegedly reported to be involved in terrorist activities. It said, "The chargesheet filed against accused No.20 clearly depicts his active participation in the offence as a Member of terrorist gang and conspiracy with other accused persons for criminal act and violent acts thereby he was in contact with other accused persons including Mehboob Pasha – accused No.1 for contacting unknown ISIS handler through dark web, thereby accused No.20 is not entitled to the discretionary relief of bail." Khan was arrested on 20.01.2020 and accused No.20 was secured under body warrant on 09.03.2020 and after investigation, Investigation Officer filed chargesheet on 13.07.2020 against the present appellants / accused Nos.11 and 20, under the provisions of section 120B of IPC, sections 25 of Arms Act and sections 18, 18A, 18B, 19, 20, 38 and 39 of the UA Act against accused No.11 and under the provisions of section 120B 16 of IPC, sections 18, 20 and 39 of the UA Act against accused No.20. It added, "Accused No.20 was part of the terror group and was involved in furthering the activities of ISIS in India and assisted Mehboob Pasha – accused No.1 in communicating with the ISIS handler through dark web and thus, committed offences punishable under section 120B of IPC and sections 18, 20 and 39 of the UA Act." Accordingly it held, "The chargesheet filed against accused No.20 clearly depicts his active participation in the offence as a Member of terrorist gang and conspiracy with other accused persons for criminal act and violent acts thereby he was in contact with other accused persons including Mehboob Pasha – accused No.1 for contacting unknown ISIS handler through dark web, thereby accused No.20 is not entitled to the discretionary relief of bail under section 439 of Cr.P.C.