Cannot Implicate A Man As A Terrorist Merely Because He Has Seen Certain Videos And Speeches

From our friends at
Live Law
ASHOK K.M
Kerala

May 13th, 2018 / 3:06 PM

Image Source | Deccan Chronicle

The fact that he has seen certain videos and speeches as aforesaid by itself will not be a reason to implicate him as a terrorist unless there are other materials to establish the same, the bench said.

The Kerala High Court, in a judgment delivered last month, has observed that a person cannot be implicated as a terrorist, merely because he has seen certain videos and speeches.

The division bench of Justice AM Shaffique and Justice P Somarajan made this observation while allowing an appeal filed by an accused challenging the order passed by NIA court refusing to grant bail.

Before the high court, the accused submitted that it is only on account of the matrimonial dispute or under the influence of some other persons his wife made such allegations against him. It was contended that, though laptops were recovered by the NIA, other than a folder containing videos, speeches one Zakhir Naik, many other Muslim leaders and organizations, no other evidence has been upcoming regarding the alleged terror link.
The National Investigation Agency (NIA) told the court that his laptop contained some nude photographs and videos of the girl apart from the certain literature regarding the Jihad movement and videos.

The bench observed that the issue relating to the nude photographs of the girl etc. are separate matters which have to be dealt with by the procedure prescribed.
Setting aside the NIA court order, the bench granted him bail and observed: “As far as the appellant is concerned, he is detained on the ground that he might have involved in terrorism. The fact that he has seen certain videos and speeches as aforesaid by itself will not be a reason to implicate him as a terrorist unless there are other materials to establish the same. Many of such videos, speeches etc are in public domain. Merely for the reason that one sees such matters it may not be possible for any person to establish that the accused is involved in terrorism. In the absence of any such materials forthcoming, even as on date, after expiry of 70 days of imprisonment, we are of the view that this is a fit case in which this Court should exercise jurisdiction to grant bail.”

Read more at: LiveLaw


Also published on Medium.

Related Stories

Delhi Man Killed

Delhi: Man Stabbed To Death For Protesting Daughter’s Harassment; Locals Allegedly Filmed Videos

Facebook Live Tighten Prevent

After Failing To Take Down Videos Of Christchurch Mosque Shooting, Facebook Implements “One Strike” Policy For Live Videos

Mahagathbandhan Has Been Formed Because They Fear To Fight Us Says BJP, Which Has Nearly 20 Alliances Itself

No Terror Attacks

Has India Not Seen Any Terrorist Attack After Modi Govt Came Into Power, As Defence Minister Claims?

Telecom Social Media Apps

Govt Needs Your View To Block Facebook, WhatsApp, Twitter Under Certain Conditions

Plastic In Kurkure

PepsiCo Sues Facebook, Twitter And YouTube Over ‘Plastic In Kurkure’ Videos, Delhi HC Orders Videos To Be Taken Down

Latest on The Logical Indian

News

Sex Ratio At Birth Drops To 896 During 2015-17, Nearly 1.1 Crore Girls Have Gone Missing In India

News

Himachal Pradesh: 13 Army Personnel Killed, 28 Injured After Building Collapsed Due To Heavy Rain

News

Pakistan Opens Its Airspace After 140 Days Of Balakot Strike; Indian Flights Start Using The Closed Air Routes

News

Senior Lawyer And Rajya Sabha Member KTS Tulsi Introduces Bill For Gender Neutral Rape Law

News

Bihar Floods: 44 Lives Lost And 70 Lakh Affected

Fact Check

Fact Check: No, Drinking Cold Drinks Are Not Mixed With Ebola Virus-Infected Blood

x

Stories that deserve attention, delivered to your inbox!

Handpicked, newsworthy stories which deserve the attention of a rational generation.