Whether Killing of Hindu Religious Leaders Qualifies as Terrorist Act Is Debatable: Madras HC Grants Bail to UAPA Accused – News18

Whereas granting bail to a person booked underneath the Illegal Actions Prevention Act, the Madras Excessive Courtroom not too long ago noticed that whether or not the killing of Hindu non secular leaders by itself can represent a terrorist act is debatable. The person, specifically Asif Musthaheen, was accused of aspiring to trigger harm to leaders of Hindu organisations in and across the space the place he was dwelling. Allegedly, he was a staunch supporter of Islamic rule in India and Osama bin Laden and had been following the ideology of the terrorist organisation al-Qaeda.

Musthaheen had been denied bail by the Classes Decide of Erode district in April this 12 months. He was arrested on July 26, 2022, for the offences underneath sections 121, 122, and 125 of the IPC r/w 18, 18A, 20, 38 and 39 of the UAPA.

The case of the prosecution was that Musthaheen started gathering info by means of social media in regards to the Islamic State of Iraq and Syria (ISIS) and obtained in contact with an ISIS member by means of an app referred to as Nekogram. He chatted on the app with the ISIS member utilizing the nickname ‘Abu Talha’. The message between the 2 which had been initially in Arabic, confirmed that he supposed to trigger risk to the unity and integrity of India and had deliberate to kill the chief of Hindu organisation for that.

In search of reduction earlier than the excessive courtroom, the counsel for Musthaheen submitted earlier than the excessive courtroom that he had been in custody since July 2022 and that the character of the allegations was such that it didn’t warrant a protracted indefinite pre-trial detention.

He careworn that the authorities had not recovered any incriminating supplies from Musthaheen aside from a cell phone which he had allegedly used to speak with the ISIS member.

The counsel additional argued that even when it was assumed that Musthaheen had certainly communicated with the ISIS member, it didn’t represent the offences alleged in opposition to him.

Quite the opposite, the Further Public Prosecutor stated that the highest courtroom additionally had noticed {that a} prima facie case was made out in opposition to Musthaheen whereas dismissing the SLP filed by him difficult the order of dismissal of his earlier bail software.

The excessive courtroom bench of Justice SS Sundar and Justice Sunder Mohan famous that the textual content messages proven between Musthaheen and the alleged ISIS member didn’t point out anyplace that he had joined ISIS. The courtroom additionally identified that the prosecution had not produced any proof to point out that the opposite individual was an ISIS member.

“Due to this fact, we’re of the prima facie view that the offence underneath Part 38(2) of the UA (P) Act, has not been made out,” the bench held.

Additional, the bench famous that as regards the offence underneath Part 18 of the UAPA, it was the prosecution case that Musthaheen had conspired to commit terrorist acts in India in opposition to Hindu non secular leaders belonging to the BJP and RSS.

“The proof discloses that the conspiracy was to assault sure non secular leaders. The respondent has not spelt out how that may quantity to a terrorist act as outlined underneath Part 15 of the UA (P) Act,” the bench underscored.

The courtroom careworn that to deliver an act underneath Part 15 of the UA (P) Act, the act should be completed with an intent to threaten or prone to threaten the unity, integrity, safety, financial safety, or sovereignty of India or with an intent to strike terror or prone to strike terror within the folks or any part of the folks in India or any overseas nation.

Due to this fact, whereas permitting bail to Musthaheen, the bench, nevertheless, added that its observations in regards to the prima facie case underneath Sections 18 and 38(2) of the UA (P) Act had been solely made by bearing in mind the broad possibilities of the case and to contemplate the bail software.