The Karnataka High Court on Tuesday rejected the bail pleas of two men booked under Section 15 of the Unlawful Activities (Prevention) Act, 1967. The court said any person charged for committing a terrorist act, as defined under Section 15 of the UAPA, need not mandatorily be part of a terrorist organization.
The bench of Justice K. Somashekhar and Justice Shivashankar Amarannavar dismissed the plea stating that the term ‘whoever’ used in Section 15 of the UAPA includes ‘anyone or everyone’ and there is no specific mention of being associated with any terrorist organization. Therefore, the contention of the appellants’ counsel that they are not members of banned organization and cannot be prosecuted for offence under UAPA does not hold any substance, the bench said.
The two accused, Irfan Pasha and Mohammed Mujeeb Ulla, had killed an Rashtriya Swayamsevak Sangh (RSS) worker, Rudresh, to spread fear among RSS activists in October 2016. Since investigation revealed they were members of the Popular Front of India (PFI) and since the PFI is not named in the UAPA’s First Schedule which lists terrorist organisations, they contended, they were entitled to bail.
The appellants’ counsel argued that just because the deceased RSS worker was in his uniform at the time of his killing, it does not imply that a case of prosecution should be made out of it. The respondent, the NIA, which had chargesheeted the two after investigations, opposed the bail plea and said UAPA Section 43 D clearly notes that the gravity of the offence triable under the statute.
The NIA also said that under UAPA Sections 16, 18 and 20 any person who commits a terrorist act can be prosecuted and it is not necessary to be part of a named terrorist organisation to be tried under the statute.