Does an intention to strike terror by using explosive substances against places of worship amount to a terrorist act under Section 15?
Coram: Justice Anita Sumanth · Justice Sunder Mohan
An intention to strike terror by using explosive substances against places of worship amounts to a terrorist act under Section 15.
Yes. An intention to strike terror by using explosive substances against places of worship amounts to a terrorist act under Section 15. The testimony of the protected witness spoke to the intention of the deceased first accused along with the appellant to re-create a situation akin to the earlier bomb blast, which prima facie falls within the ambit of Section 15. (¶33, 34)
Unlawful Activities (Prevention) Act, 1967 — ss.15, 16, 18, 38, 39, 43D(5) — Bail — Prima facie true — Logistical support — Terror conspiracy — Unlawful Activities (Prevention) Act, 1967 — s.43D(5) — Bail — Reasonable grounds for believing the accusation prima facie true — Held: Where the material prima facie shows that the accused was part of the conspiracy and supplied the vehicle used in the blast, the bar on bail operates. (¶30, 36) Unlawful Activities (Prevention) Act, 1967 — s.39 — Support to a terrorist organisation — Membership not required — Held further: Absence of material showing membership of a proscribed organisation does not displace s.39, which is attracted by support in the form of logistical assistance. (¶37) Unlawful Activities (Prevention) Act, 1967 — s.15 — Terrorist act — Intention to strike terror — Held further: An intention to re-create an earlier bomb blast and to attack places of worship falls prima facie within a terrorist act. Appeal dismissed. (¶34, 44)
Headnote
You've used your free headnotes this month
The answer above and the Court's own paragraphs stay free. LexStreak's full headnote on this judgment needs an account — a free one opens it again.
Create my free accountOne judgment a day. That's the whole habit.
Read the full text of MOHAMED THALHA v. THE UNION OF INDIA REP BY, THE CHIEF INVESTIGATION — and get the Madras High Court's output as a five-minute daily read, with plain-language headnotes and the questions each judgment settles.
Create my free accountFree forever plan · 30 seconds · data stays in India