Terrorism and the law: India
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Court judgments
Contemplating terrorist act for years is also terrorism: Delhi HC
Dec 30, 2024: The Times of India
New Delhi : Contemplating a terrorist act for years, even without executing it, constitutes a terrorist act, the Delhi high court has said.
“The definition of ‘terrorist act’ under Section 15 of UAPA clearly includes the expressions ‘with intent to strike terror’, by any other means of whatever nature to cause or likely to cause. Such an expression would not be linked only to an immediate terrorist act but would even include acts, which could be under contemplation for years together and may be given effect to after several years,” the court said in its Dec 23 order.
A division bench was hearing an appeal against the conviction of a member of Al-Qaida in Indian Subcontinent (AQIS) under the Unlawful Activities (Prevention) Act.
HC: Bids to brainwash youth, recruit them can’t be ignored
‘UAPA Covers Preparation For Terror Act Too’
The prosecution alleged that the AQIS member was responsible for sending people to Pakistan for arms training. During his visit to Pakistan, the appellant met the chief of Lashkar-e-Taiba and chief of Jamaat-ud-Dawah, who is wanted for involvement in the 26/11 Mumbai attacks, the prosecution alleged. In 2015, the appellant visited Bengaluru and met a co-convict, and they discussed the planning and objectives of AQIS. The appellant also gave inflammatory speeches against the nation and propagated ‘jihad’ in his speeches, the prosecution said.
The witnesses stated before the court that he delivered provocative speeches to the effect that R S S, BJP, and VHP conspired against Muslims and that Muslims should also unite.
The division bench of Justices Prathiba M Singh and Amit Sharma observed that Section 18 of UAPA punishes preparation for terrorist acts, even when a specific terrorist act has not been identified. “The planning to give effect to terrorist acts could also extend over years and under Section 18 of UAPA , the law aims to address such preparation for terrorist acts, even in cases where a specific terrorist act has not been identified,” it said.
The bench added, “Moreover, speeches which are given to brainwash innocent youth, coupled with at- tempts to recruit them for committing unlawful and illegal acts against the country, cannot be completely washed away on the ground that no specific terrorist act has been committed.”
The court noted that there was sufficient evidence to show and link the appellant with the main accused who obtained passports and visited Pakistan, stating that the appellant, along with co-accused, is part of a larger network involved in giving inflammatory speeches, disseminating material, having links with Pakistan-based organisations, recruiting persons for terrorist acts, and instigating hatred against India and its political leaders.
The court further remarked that a terrorist act includes indulging in conspiracy with terrorist organisations and associated persons. “A perusal of the definition of ‘terrorist act’ under UAPA shows that... (it) includes any acts which intend to threaten or are likely to threaten the unity, integrity, security, or sovereignty of India. The definition is wide enough to include indulging in conspiracy with terrorist organisations and associated with persons who are rendering support to terrorist organisations,” said high court.
Stating that for conspiracy, specific covert acts are not necessary, even secretive and clandestine support to declared terrorist organisations would also suffice, the court noted that the evidence and the testimonies clearly disclosed the appellant’s association with terrorist organisations for the commission of conspiracy to commit a terrorist act.
Downloading bin Laden’s photo doesn’t make one a terrorist: HC
May 7, 2024: The Times of India
New Delhi: Fascination with a terrorist organisation doesn’t mean the person was associated with it, Delhi High Court said, granting bail to an alleged IS supporter booked under the anti-terror UAPA law.
“Merely because the mobile device of the appellant was found carrying incriminating material including photographs of terrorist Osama bin Laden, Jihad promotion, IS flags, etc. and he was also accessing lectures of hard-liner/Muslim preachers would not be enough to brand him as a member of such terrorist organisation, much less his being acting in furtherance of its cause,” a bench of justices Suresh Kait and Manoj Jain noted.
It said accused Ammar Abdul Rahiman was, at best, a “'highly radicalised person” who believed in IS ideology and was storing allegedly objectionable contents on his mobile phone, but there was nothing to indicate that he tried to further disseminate these. Any curious mind, the court observed, could access and download such content from the internet, which, by itself, was not a crime. “Such type of incriminating material, in today’s electronic era, was freely available on World Wide Web (www) and mere accessing the same and even downloading the same would not be sufficient to hold that he had associated himself with IS,” it said, allowing Rahiman’s plea for bail.
“At best, the appellant was highly radicalised and had downloaded pro-IS material and was accessing the sermons of Muslim hard-liners but that would not be enough to attract Section 38 (offence relating to membership of a terrorist organisation) and 39 (Offence relating to support given to a terrorist organisation) of UAPA,” the court stated.
National Investigation Agency (NIA) alleged that Rahiman, arrested in August 2021, entered into criminal conspiracy with IS members for undertaking ‘Hijrah’ to Jammu and Kashmir and to carry out the activities of IS in India.
Gujarat Control of Terrorism and Organised Crime (GUJCTOC) Act
2019
Kapil Dave, Nov 6, 2019: The Times of India
Sixteen years after the Gujarat assembly passed the controversial anti-terror legislation which was popularly known as GUJCOCA or the Gujarat Control of Organized Crime Act, the law was finally ratified by President Ramnath Kovind.
Known as Gujarat Control of Terrorism and Organised Crime (GUJCTOC) Act in its news avatar, the law gives extensive powers to the state police to counter terror and organised crime. A confession made before a police official of the rank of SP and above will now be admissible in court as evidence. So far, only confessions made before a magistrate were admissible as evidence.
GUJCOCA was returned thrice earlier by various Presidents and was last amended in 2015. Gujarat junior home minister Pradipsinh Jadeja said GUJCTOC Act will help break the back of terrorism. “The Act was envisioned by the then Gujarat CM and current PM Narendra Modi to fight terrorism and organised crime like Ponzi schemes,” said Jadeja, adding that the state government has enforced the strong law against disruptive elements in the state which has a 1,600-kmlong coastline. Elaborating on the Act’s salient features, Jadeja said: “A positive provision of this law is that electronic intercepts, including oral communication, will be admissible as evidence in courts.”
Significantly, GUJCTOC Act provides immunity to the state government and its officers from legal action in the form of a suit, prosecution or other legal proceedings for an action that is “done or intended to be done in good faith in pursuance of the Act”.
Under the new law, cops get up to 180 days instead of the stipulated 90 days to file a chargesheet. The accused will not be granted bail until the public prosecutor has got a chance to oppose the bail application. Also, authorities are empowered to confiscate unaccounted properties of the accused. Besides, a witness will get special protection under this Act, Jadeja said.
Congress, which opposed GUJCOCA from its inception calling in ‘Draconian’, said the law will to be a “major threat” to the privacy of citizens.
