During the hearing, when the Court asked the State to justify how Section 15 of the UAPA (terrorist act) applies in the facts of the case, the Senior Additional Advocate General referred to Section 15(1)(a)(aa) of the UAPA that makes an act resulting in the loss, damage or destruction of property, a terrorist act.
Explaining the contention, the State said the property as defined under the UAPA can be both corporeal (that actually exists) or incorporeal (that does not have physical existence).
Thus, it was submitted that honour, dignity and fair name of India was its “incorporeal” property.
The article published by Shah besmirched the “property” as it levelled “baseless allegations against the Government of India of indulging in genocide, committing rape of the women of Kashmir by its armed forces and other outrageous conduct which had the propensity to lower the image of India in the eyes of the world”, submitted the State counsel.
Source: Barandbench
