SC: Attending meetings of non-banned group not offence under UAPA

New Delhi: The Supreme Court has dismissed the National Investigation Agency’s (NIA) challenge to the Karnataka High Court order granting bail to Saleem Khan, who was booked under the Unlawful Activities (Prevention) Act (UAPA) for alleged links with the “Al-Hind” organisation.

A bench of Justice Vikram Nath and Justice K V Viswanathan observed that the charges against Khan did not establish a prima facie case under the UAPA. The judges noted, “While dealing with the prayer for bail of accused no.11, Saleem Khan, the High Court noticed that the allegations found in the chargesheet related to his connections with an organisation by the name of Al-Hind, which admittedly is not a banned organisation under the schedule to UAPA. Therefore, to say that he was attending meetings of the said organisation, Al-Hind and others would not amount to any prima facie offence.”

The case dates back to January 2020, when the Central Crime Branch registered a First Information Report against 17 individuals at Suddaguntepalya Police Station, Bengaluru, under various sections of the Indian Penal Code, including 153A, 121A, 120B, and sedition, along with provisions of the UAPA. The probe was later transferred to the NIA.

While the High Court granted bail to Khan, it rejected bail to another accused, Mohd. Zaid, who allegedly maintained contacts with ISIS handlers through the dark web. The court reasoned that mere participation in meetings or membership of Al-Hind, which is not a proscribed body, does not constitute an offence under UAPA provisions.

The Apex Court upheld this view, refusing to interfere with the High Court’s decision. It also directed the trial court to conclude proceedings within two years, stating that undertrial prisoners cannot be kept incarcerated indefinitely.