In a recent development, the High Court has granted conditional bail to Asif Musthaheen, a man arrested under the Unlawful Activities (Prevention) Act (UAPA), stating that the evidence presented did not sufficiently establish the accused’s involvement in a terrorist conspiracy. The court raised questions about whether targeting Hindu religious leaders alone could be considered a terrorist act. 

A division bench comprising Justices S S Sundar and Sunder Mohan made these observations on Wednesday, December 13, 2023, while hearing an appeal by Musthaheen seeking his release on bail. The judges said, “The evidence reveals that the plot was to target specific religious leaders, but the authorities have not clarified how this would qualify as a terrorist act, as outlined in section 15 of the UAPA.” 

The accused had been under incarceration for the past 17 months after being arrested by the National Investigation Agency on July 26, 2022.

The prosecution alleged that Musthaheen aspired to join the Islamic State (IS) and conspired with a second accused, purportedly a member of the global terror outfit. The duo was accused of planning to target Hindu religious leaders associated with the Bharatiya Janata Party (BJP) and Rashtriya Swayamsevak Sangh (RSS).

However, the High Court, in its decision, expressed “skepticism” about the prosecution’s case, emphasising that the evidence did not conclusively indicate the accused’s affiliation with IS or the alleged involvement of the second accused with the terror group. The court underscored the necessity for a clear link between the actions and the intent to commit a terrorist act under Section 15 of the UAPA.

Section 15 of the UAPA requires that an act be done with the intent to threaten or likely to threaten the unity, integrity, security, economic security, or sovereignty of India, or with an intent to strike terror or likely to strike terror among the people. The court asserted that these criteria were not sufficiently addressed in the evidence presented.

Even if the materials collected by the prosecution might eventually lead to a conviction, the court emphasised that the detention pending trial could not be indefinite. As a result, the bench granted conditional bail to Musthaheen, directing him to stay in Erode and appear before the trial court at 10:30 am every day until further orders.