Chennai, December 13: In a significant development on Wednesday, the Madras High Court delivered a verdict challenging the classification of the targeted killing of Hindu leaders as an act of terrorism under section 15 of the Unlawful Activities (Prevention) Act (UAPA). The ruling came as the court granted bail to Asif Mustahin, who had been apprehended on July 26, 2022, by the National Investigation Agency (NIA) for his alleged involvement in criminal activities.
A division bench comprising Justices S S Sundar and Sunder Mohan expressed skepticism about the application of section 15 of the UAPA in this case. The court remarked, “The evidence discloses that the conspiracy was to attack certain religious leaders. The authorities have not spelt out how that would amount to a terrorist act, as defined under section 15 of the UAPA.”
The comments were made during the hearing of Asif Mustahin’s appeal for bail. Mustahin had filed bail applications earlier, which were rejected by the trial court, the high court, and the Supreme Court, leading to his 17-month-long custody.
The court emphasised that for an act to fall under section 15 of the UAPA, it must be committed with the intent
to threaten or likely to threaten the unity, integrity, security, economic security, or sovereignty of India. The court further stated, “To bring an act under section 15 of the UAPA, the act must be done with an intent to strike terror or likely to strike terror in the people or any section of the people in India or any foreign country.”
The prosecution had argued that Mustahin expressed a desire to join the Islamic State (IS) and had established a connection with a second accused associated with the global terror organisation. Additionally, it was alleged that the duo conspired to carry out targeted killings of Hindu religious leaders affiliated with the Bharatiya Janata Party (BJP) and Rashtriya Swayamsevak Sangh (RSS).
However, the bench disagreed with the prosecution’s stance, asserting that the evidence did not indicate that the accused had joined IS or that the second accused was a member of the terror group. The court remarked, “Even assuming that the materials collected by the prosecution might ultimately lead to a conviction, the detention pending trial could not be indefinite.”
As a result of the court’s decision, Mustahin was granted conditional bail, with instructions to reside in Erode and attend the trial court daily at 10:30 am until further notice. The ruling raises questions about the interpretation and application of anti-terrorism laws in cases involving alleged threats to religious leaders.
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