A person charged with terror offences under UAPA was, therefore, granted bail by a Division Bench of Justice B Veerappa and Justice S Rachaiah, on the ground that the group he was associated with was not a banned organization.
“Admittedly, in the present case, the prosecution has not proved that accused no 11 has associated himself with any organization which is prohibited or barred under the provisions of the UA(P) Act. Admittedly, he is a member of Al-Hind group. It is not a prohibited organization under the Schedule of the UA(P) Act, 1967 and the chargesheet material does not depict that he was convicted for the offences involved or crimes or terrorist activities… there are no reasonable grounds for for believing the accusation against the accused no 11 prima facie true,” the Court said.
The Court noted that as per the chargesheet, the accused being a member of the Al-Hind group, had attended several conspiracy meetings, jihadi meetings, and undergoing pistol and bow and arrow training and purchased training materials.
However, that would not amount to offence under UAPA, the Court said since the organisation was not banned by the government.
“Mere attending meetings and becoming member of Al-Hind group, which is not a banned organization as contemplated under the Schedule of UAPA and attending jihadi meetings, purchasing training materials and organizing shelters for co-members is not an offence as contemplated under the provisions Section 2(k) and 2(m) of the Unlawful Activities Prevention Act (UAPA),” the Court said.
Source: Barandbench
