NEW DELHI, 30: The Delhi High Court has stated that speeches aimed at influencing innocent youths and recruiting them for unlawful actions against the nation cannot be dismissed solely based on the absence of a specific terrorist act, thereby rejecting the appeal of a terror case defendant.
A bench led by Justices Prathiba M Singh and Amit Sharma made this comment while dismissing the appeal of Mohd Abdul Rehman, an alleged affiliate of Al-Qaida’s Indian faction, who contested his conviction and a jail sentence of seven years and five months handed down by a trial court under the anti-terror UAPA law.
“Speeches intended to indoctrinate innocent youths, combined with attempts to recruit them for illegal and unlawful acts against the country, cannot be entirely disregarded simply because no specific terrorist act has been proven,” they remarked.
The appellant argued that although he was found guilty of engaging in preparatory actions for a terrorist act and recruiting individuals for such acts, there was no proof of him performing these actions.
However, the bench clarified that the term terrorist act holds a broad interpretation that encompasses “engaging in conspiracy with terrorist organizations and collaborating with individuals providing support to these groups,” indicating that the identification or existence of a specific terror event is not a prerequisite for punishment under these provisions.
The high court reaffirmed the trial court’s conviction ruling, noting evidence of the appellant’s close ties with other defendants who were part of a larger network.
This network was reported to be involved in delivering inflammatory speeches, distributing materials, establishing connections with organizations based in Pakistan, traveling there for covert meetings, recruiting individuals for terrorist operations, gathering funds for such travels, and other activities that incite hatred against the country and its leaders.
“In conspiracies of this nature, specific covert actions are unnecessary; rather, secretive support to declared terrorist organizations suffices. The evidence and testimonies recorded in this case clearly indicate an association with terrorist groups for conspiracy to commit a terrorist act. Thus, the appeal is dismissed,” the bench ruled.
The court noted that planning terrorist acts could span several years, and Section 18 of the UAPA is designed to tackle such preparation, even in the absence of a distinctly identified terrorist act.
It acknowledged that it is “common knowledge” that terrorist organizations like Al-Qaida operate covertly in the Indian subcontinent, often leaving no evidence of their activities.
In February 2023, the trial court found the appellant and other accomplices guilty of conspiracy to engage in actions that prepare for the execution of a terrorist act.
The trial court took into account evidence indicating a conspiracy to commit a terrorist act, which included illegal travel to Pakistan, inflammatory speeches, and creating false documents and multiple passports.
The state argued that the evidence demonstrated the appellant’s ideology incited violence against the nation and its Prime Minister. (PTI)
