Last week, the Allahabad High Court declined the bail request of an individual accused of affiliations with the Lashkar terrorist group. The charges against him include propagating anti-India sentiments, fomenting hatred, and aiding in the procurement of weapons through WhatsApp groups. The accused had been apprehended by the Anti-Terrorist Squad (ATS) of the Uttar Pradesh Police the previous year.
Upon his arrest, the accused sought bail, but Justice Pankaj Bhatia dismissed the application citing the gravity of the allegations against him. While acknowledging the constitutional right to practice and propagate religion under Article 19, the Court highlighted potential liability under Section 121A (conspiracy to commit offenses related to waging war against India) of the Indian Penal Code (IPC) in this instance.
The charges against the accused encompass Sections 121A and 153A (promoting enmity between different groups) of the IPC, along with Section 66 of the Information Technology Act. The First Information Report (FIR) asserted that the accused had established a WhatsApp group disseminating what could be characterized as "jihadi literature." Allegedly serving as the group's administrator, he uploaded jihadi videos and admitted to affiliations with the Lashkar group.
Notably, the accused disclosed that he had managed a WhatsApp group for nearly 15-16 years, comprising 181 members—170 from Pakistan, 3 from Afghanistan, 1 each from Malaysia and Bangladesh, and 6 from India.
During arguments, the accused's counsel contended that the charges under Section 121A IPC were not evident on a prima facie basis. Additionally, they highlighted the accused's custody since March 14, 2022, and the fact that the alleged offenses carried a maximum penalty of five years.
The State counsel opposed the bail plea, underscoring the various allegations outlined in the FIR. The Court observed that the WhatsApp group was predominantly composed of foreign nationals and allegedly propagated religious biases and arms acquisition.
Given the substantial nature of these allegations, the Court concluded that bail could not be granted, resulting in the rejection of the plea.
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TAGS: Allahabad High Court bail accused Lashkar-e-Taiba terrorism hatred anti-India feelings weapons acquisition WhatsApp groups Inamul Haq Uttar Pradesh Police Anti-Terrorist Squad Justice Pankaj Bhatia Constitution Article 19 Indian Penal Code IPC Section 121A Section 153A Section 66 Information Technology Act FIR jihadi literature administrator videos affiliations foreign citizens religious prejudices First Information Report.
