No UAPA offence over attending meetings of an organisation that isn't banned: Supreme Court

The Supreme Court has dismissed an appeal by the National Investigation Agency (NIA) challenging the bail granted to Saleem Khan by the Karnataka High Court in a case under the Unlawful Activities (Prevention) Act (UAPA). Khan had been accused of being associated with the group ‘Al-Hind’. A bench of Justices Vikram Nath and KV Viswanathan upheld the High Court’s reasoning that attending meetings of Al-Hind, which is not a proscribed body under the UAPA, does not amount to an offence under the law. “Since Al-Hind is not listed as a banned organisation in the UAPA schedule, participation in its gatherings or activities cannot be treated as a prima facie violation,” the Court noted.

The case dates back to January 2020, when the Central Crime Branch registered an FIR against 17 individuals under several provisions of the Indian Penal Code—including sedition and criminal conspiracy—along with sections of the UAPA. The matter was subsequently handed over to the NIA. While the High Court allowed bail to Khan, it refused the same relief to another accused, Mohd. Zaid, citing allegations of his links with ISIS operatives via the dark web. In relation to Khan, the High Court had held that mere membership in or attendance at Al-Hind meetings—along with acts such as buying training material or arranging shelters for members—did not fall within the definitions of offences under sections 2(k) or 2(m) of the UAPA. The Supreme Court agreed with this interpretation, stressing that the High Court’s order was passed after considering all relevant aspects. The apex court also underlined the need for speedy trial proceedings. Observing that undertrial prisoners cannot be kept behind bars indefinitely, it directed that the trial be completed within two years.