Special Judge Dharmesh Sharma held that mere possession of Jihadi literature of particular religious philosophy would not amount to an offence under Section 20 unless there was material to show execution of such philosophy to carry out terrorist acts.
“Further, to hold that mere possession of Jihadi literature having a particular religious philosophy would amount to an offence, though such literature is not expressly or specifically banned under any provision of law, if not fathomable in law unless and until there is material about execution of such philosophy so as to do terrorist acts.,” the Court stated.
Such a proposition runs counter to the freedoms and rights guaranteed by Article 19 of the Constitution, it added.
The Court was framing charges in respect of eleven accused in a case by National Investigating Agency (NIA) related to propagation of ideology of the banned organization ISIS via various channels on the internet.
The accused were arraigned for trial for commission of offences punishable under Sections 120B (Criminal Conspiracy) and 121A (Waging war against the Government of India) of Indian Penal Code (IPC) and Sections 17 (Raising funds for terrorist act), 18 (Conspiracy), 18B (Recruiting of any person for a terrorist act), 20 (Being a member of a terrorist organization), 38, 39 and 40 of the UAPA.
Section 20 of UAPA prescribes punishment for being a member of terrorist gang or organisation.
Special Judge Dharmesh Sharma noted that although the accused probably aspired to become members of ISIS, there was no evidence to prove that they had been active members.
Source: Barandbench
