The Supreme Court, on November 25, issued a notice in the National Investigation Agency’s plea (NIA) challenging the bail granted, by the Karnataka High Court, to one Saleem Khan, a member of the Al-Hind Group, which is reported to be involved in terrorist activities. The plea was submitted by the Additional Solicitor General (ASG), Ms. Aishwarya Bhati. 

“Al-Hind is not a banned organisation under the schedule to the UAPA Act?,” the bench comprising the Chief Justice of India D.Y. Chandrachud and Justice Hima Kohli enquired.

The Unlawful Activities (Prevention) Act, of 1967 takes in its fold two kinds of organisations. One is the proscribed terrorist organisation and the other is terrorist gang, the plea said.

The respondent (Salim) in the present matter was the one who had recruited another accused, whose bail was rejected by the High Court as he was in direct contact with ISIS, ASG added while responding to the question of the terrorist acts associated with the accused.

The High Court had committed a grave error not only in considering the law but also the facts of the case, the plea submitted.

Earlier, while granting bail the High Court held, “In the absence of any prima facie case, restrictions imposed by sub-section (5) of section 43-D per se do not prevent a Constitutional Court from granting bail on the grounds of violation of part III of the Constitution.” “Merely attending the meetings of Al-Hind, which is not a banned organization, or meetings of jihadi organizations will not amount to offence of terrorist activity under the UAPA, the High Court further observed.