Contemplating terrorist act for years is also an act of terrorism: Delhi HC

NEW DELHI: Contemplating a terrorist act for years, even without executing it, constitutes a terrorist act, the Delhi high court has said.

"The definition of 'terrorist act' under Section 15 of UAPA clearly includes the expressions 'with intent to strike terror', by any other means of whatever nature to cause or likely to cause. Such an expression would not be linked only to an immediate terrorist act but would even include acts, which could be under contemplation for years together and may be given effect to after several years," the court said in its Dec 23 order.

A division bench was hearing an appeal against the conviction of a member of Al-Qaida in Indian Subcontinent (AQIS) under the Unlawful Activities (Prevention) Act.

HC: Bids to brainwash youth, recruit them can't be ignored

The prosecution alleged that the AQIS member was responsible for sending people to Pakistan for arms training. During his visit to Pakistan, the appellant met the chief of Lashkar-e-Taiba and chief of Jamaat-ud-Dawah, who is wanted for involvement in the 26/11 Mumbai attacks, the prosecution alleged. In 2015, the appellant visited Bengaluru and met a co-convict, and they discussed the planning and objectives of AQIS. The appellant also gave inflammatory speeches against the nation and propagated 'jihad' in his speeches, the prosecution said.

The witnesses stated before the court that he delivered provocative speeches to the effect that RSS, BJP, and VHP conspired against Muslims and that Muslims should also unite.

The division bench of Justices Prathiba M Singh and Amit Sharma observed that Section 18 of UAPA punishes preparation for terrorist acts, even when a specific terrorist act has not been identified. "The planning to give effect to terrorist acts could also extend over years and under Section 18 of UAPA, the law aims to address such preparation for terrorist acts, even in cases where a specific terrorist act has not been identified," it said.

The bench added, "Moreover, 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."

The court noted that there was sufficient evidence to show and link the appellant with the main accused who obtained passports and visited Pakistan, stating that the appellant, along with co-accused, is part of a larger network involved in giving inflammatory speeches, disseminating material, having links with Pakistan-based organisations, recruiting persons for terrorist acts, and instigating hatred against India and its political leaders.

The court further remarked that a terrorist act includes indulging in conspiracy with terrorist organisations and associated persons. "A perusal of the definition of 'terrorist act' under UAPA shows that...(it) includes any acts which intend to threaten or are likely to threaten the unity, integrity, security, or sovereignty of India. The definition is wide enough to include indulging in conspiracy with terrorist organisations and associated with persons who are rendering support to terrorist organisations," said high court.

Stating that for conspiracy, specific covert acts are not necessary, even secretive and clandestine support to declared terrorist organisations would also suffice, the court noted that the evidence and the testimonies clearly disclosed the appellant's association with terrorist organisations for the commission of conspiracy to commit a terrorist act.

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