UAPA detainee Asif gets bail

CHENNAI: The killing of Hindu religious leaders by itself can constitute a terrorist act is debatable, observed the Madras High Court (MHC), and granted bail to an accused alleged to be a follower of ISIS, a terrorist organisation.

A division bench comprising Justice SS Sundar and Justice Sunder Mohan heard a bail petition for Asif Musthaheen, who was detained under the Unlawful Activities Prevention Act (UAPA).

The prosecution contended that Asif Musthaheen is a supporter of Islamic rule in India and he is a staunch supporter of the notorious terrorist Osama-bin Laden and wanted to join the Al-Qaeda movement. “For that purpose, he has been following the ideology of the proscribed terrorist organisation ISIS,” said the prosecution.

Asif gained proximity with a member of ISIS and planned to cause injury to leaders, especially of Hindu organisations in and around Erode, where he resided.

Senior counsel T Mohan who appeared for Asif contended that the police had not recovered any incriminating materials except for the mobile phone from him.

The counsel also contended that the respondent has violated Rule 3 of the UAPA (Recommendation and Sanction of Prosecution) Rules, 2008, by which the recommendation for prosecution by the authority should be within seven working days of the receipt of the evidence gathered by the investigating officer, whereas in this case, it exceeded 60 days.

The continued detention of the appellant would amount to a violation of Article 21 of the Constitution of India, submitted the counsel, and sought bail. After the submission, the bench observed that the final report of the prosecution states that the accused conspired to commit terrorist acts in India against Hindu religious leaders belonging to the BJP and RSS. The respondent has not spelled out how that would amount to a terrorist act as defined under Section 15 of UA (P) Act, observed the bench.

The question as to whether the killing of Hindu religious leaders by itself can constitute a terrorist act is debatable, read the order. Further, the bench granted bail to the accused with the condition to execute a bond of Rs 50,000 and directed him to appear before the trial court concerned every day until further order.