Can't ignore speeches to brainwash youth: Delhi HC rejects appeal in UAPA case

A bench of Justices made the observation while rejecting the plea of Mohd Abdul Rehman, an alleged associate of Al-Qaida's Indian outfit, against his conviction and seven-year-five-month jail term by a trial court under the anti-terror UAPA law.

New Delhi: Speeches to brainwash innocent youth and recruiting them for illegal acts against the country cannot be completely washed away in the absence of a specific terrorist act, the Delhi High Court has said and dismissed the plea of a terror case accused.

A bench of Justices Prathiba M Singh and Amit Sharma made the observation while rejecting the plea of Mohd Abdul Rehman, an alleged associate of Al-Qaida's Indian outfit, against his conviction and seven-year-five-month jail term by a trial court under the anti-terror UAPA law.

"Speeches which are given to brainwash innocent youth coupled with attempts to recruit them for committing unlawful and illegal acts against the country cannot be completely washed away on the ground that no specific terrorist act has been committed," it said.

The appellant argued though he was held guilty of indulging in preparatory acts for the commission of a terrorist act and recruiting persons for terrorist act, there was no evidence to show he committed such acts.

The bench, however, said the terms terrorist act had a wide definition, enough to include "indulging in conspiracy with terrorist organisations and associated with persons who are rendering support to terrorist organisations", whereas the identification or existence of a specific act of terror was not required for punishment under the provisions.

The high court upheld the trial court conviction verdict, observing evidence to show he was in close connection with the other accused who were a part of a larger network.

The network was said to be carrying out inflammatory speeches, disseminating material, having links with Pakistan-based organisations and travelling there for secret meetings, recruiting persons for terrorist acts, collecting funds to help such travels and other activities fanning hatred against the country and its political leaders, among other things.

"In conspiracies of this nature specific covert acts would not be required but secretive and clandestine support to declared terrorist organisations would also be sufficient. The evidence and the testimonies which have been recorded in the present case clearly disclose association with terrorist organisations for commission of conspiracy for committing a terrorist act.. The appeal is, accordingly, dismissed," the bench ruled.

The court said the planning to execute terrorist acts could extend over years and Section 18 of UAPA aimed to address such a preparation, even when a specific terrorist act was not identified.

It said it was "common knowledge" that terrorist organisations like Al-Qaida in the Indian subcontinent functioned in an extremely secretive manner and its associates often left no trail of evidence.

In February 2023, the trial court convicted the appellant and other accused persons for conspiracy to commit acts that constituted preparation towards commission of some terrorist act.

The trial court considered the evidence that indicated the existence of a conspiracy to commit a terrorist act, including their illegal travel to Pakistan, inflammatory speeches, various passports by creating false and fabricated documents.

The state said the material showed appellant's ideology professed violence against the country and the Prime Minister.