Does Section 39 of the Unlawful Activities (Prevention) Act apply to support given to a terrorist organisation where no material shows membership of it?
Coram: Justice Anita Sumanth · Justice Sunder Mohan
Section 39 applies to support given to a terrorist organisation even where no material shows membership of it.
Yes. Section 39 applies to support given to a terrorist organisation even where no material shows membership of it. Sections 38 and 39 relate respectively to holding membership of a terrorist organisation and to support given to one; there was no material to show membership, but the overt act prima facie attributable to the appellant was logistical support for the commission of the terror act. (¶37)
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)
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