Association with terrorist group isn’t necessary for anyone to be prosecuted under UAPA: Karnataka HC

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Karnataka High Court

By Muslim Mirror Staff

The Karnataka High Court has maintained that a person can be prosecuted prosecuted for “terrorist act” defined under Section 15 of the Unlawful Activities (Prevention) Act, 1967 even if he is not a member of any terrorist organisation, Live Law reported.

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A division bench of Justice K Somashekhar and Justice Shivashankar Amarannavar observed,

“An individual can be prosecuted for terrorist act defined under Section 15 of the UAP Act and it is not necessary that to prosecute any person under the UPA Act he should be a member of a terrorist organization. Being a member of a terrorist gang or organization which is involved in terrorist Act itself is an offence under Section 20 of the UAP Act.”

The court stated the same while rejecting the bail application of two men arrested in connection with the murder of an RSS worker. The accused Irfan Pasha and Mohammed Mujeeb Ulla had challenged the order passed by an NIA Court rejecting their bail petitions on 21 April, 2021.

They argued before the high court that though they were alleged to be members of PFI, it is not a banned organisation under UAPA and thus the provisions of the said Act cannot be applied.

The court rejected their plea saying that being a member of a terrorist outfit is not necessary for a person to be prosecuted under the UAPA. The court further opined that RSS worker Rudresh was murdered with an intention to create terror in the mind of members of RSS.

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