Guwahati HC Grants Bail To UAPA Accused Booked For Glorifying Tehreek-E-Taliban

KEY TAKEAWAYS

• Maqbool Alam had supported the terrorist organization, which carried out a war against the Afghan government and its citizens by violent means, through a Facebook post.
• He was booked under various sections of the Indian Penal Code for allegedly committing a criminal conspiracy for making statements that were detrimental to the religious sentiments of a class and also under section 66 of the IT Act and section 39 of the Unlawful Activities (Prevention) Amendment Act, 1967 [Offence relating to support given to a terrorist organization].

FACTUAL MATRIX

• On perusal of the FIR, it was revealed that the petitioner had glorified a terrorist organization known as the Tehreek-e-Taliban, which had actively participated in the war in Afghanistan and also targeted Indian citizens in violent engagements.
• The copy of the Facebook posts reportedly made before the court did not show the requirement of further custodial detention of the petitioner beyond 31 days, in the interest of investigation of the case to the court.

COURT’S DECISION

• The bench granted him bail. His application for bail was disposed at the motion stage, directing release on bail with a bail bond of Rs.10,000. He was required to furnish the same as surety for satisfaction of the Chief Judicial Magistrate.
• Court further directed him to stay within the territorial jurisdiction of Kamrup (Metro) of Guwahati and not to tamper with the evidence of the case.
• He was also directed not to make any threat or inducement to anyone regarding the facts of the case so as to dissuade them from disclosing the facts to any police officer or the court.

Hope you enjoyed reading this. Here are a few questions for you, let us know your answers in the comments section

• Which sections of IPC do you think would be applicable in the instant case?
• What does Section 39 of the Unlawful Activities (Prevention) Amendment Act, 1967 talk about?