New Delhi, Aug 25 (UNI) The Supreme Court has dismissed an appeal filed by the National Investigation Agency (NIA) challenging the Karnataka High Court’s order granting bail to Saleem Khan, accused under the Unlawful Activities (Prevention) Act (UAPA) for his alleged links with the ‘Al-Hind’ organisation.
A Bench comprising Justice Vikram Nath and Justice K.V. Viswanathan observed that since Al-Hind is not listed as a banned organisation under the UAPA, mere participation in its meetings would not amount to any prima facie offence under the Act.
“While granting bail to accused Saleem Khan, the High Court noticed that the allegations found in the charge-sheet 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 Court noted.
The case dates back to January 2020, when CCB police registered an FIR at Suddaguntepalya Police Station, Mico Layout Sub-Division, against 17 persons under sections 153A, 121A, 120B, 122, 123, 124A, 125 of the IPC and sections 13, 18 and 20 of the UAPA.
The investigation was later transferred to the NIA.
The High Court, while granting bail to Saleem Khan, had refused bail to another accused, Mohd. Zaid, who was alleged to have links with ISIS handlers through the dark web.
In regards to Saleem Khan, the High Court held that mere attendance at meetings of Al-Hind, purchasing training materials, or providing shelters to co-members does not constitute an offence under section 2(k) or section 2(m) of the UAPA.
The Supreme Court found no reason to interfere with the High Court’s detailed order and upheld the grant of bail to Saleem Khan while also endorsing the denial of bail to Mohd. Zaid.
Further, the apex court directed the trial court to expedite proceedings, fixing a two-year deadline to complete the trial.
The Bench stressed that accused persons cannot be left languishing as undertrial prisoners for an indefinite period.
