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Person can be prosecuted for ‘terrorist act’ under UAPA even if he is not member of terrorist organisation: Karnataka High Court

The Court in its order, noted that none of the five accused had any personal animosity with the deceased.

“There was no animosity between the five accused and deceased Rudresh. The alleged act of murdering him has been committed with an intention to create terror in the mind of members of RSS,” the bench held.

The bench further took into account the material in the chargesheet filed by the NIA and said that the trial court rightly came to the conclusion that there was a prima facie case against the accused persons to show their involvement in the crime.

“Therefore, as per the provisions contained under Section 43(D)(5) of the UAPA, the accused persons facing charge under the provisions of the said Act are not entitled for bail unless the Court comes to the conclusion that there is no prima facie case against them,” the Court said while rejecting the appeals.

Source: Barandbench

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