Supporting Terrorist Organization Either Monetarily Or Through Networking Prohibited Under UAPA: Delhi High Court

The Delhi High Court has ruled that giving support to a terrorist organization either monetarily or in the form of networking or meetings is clearly prohibited under Unlawful Activities (Prevention) Act, 1976.A division bench comprising of Justice Prathiba M Singh and Justice Amit Sharma said that UAPA permits various measures to be taken against terrorists and terrorist organisations, including freezing of assets, for protecting the country and for prevention of terrorist acts from taking place.“Section 38 of UAPA deals with membership of a terrorist organization and Section 39 proscribes support to a terrorist organization. Such support could include monetary support, assistance in arranging meetings, managing meetings to support or furthering the activity of the terrorist organization, receiving money which could be used for terrorism, etc. Broadly, therefore, support to a terrorist organization either monetarily or otherwise in the form of networking, meetings, etc. is clearly prohibited,” the Court said. It added that in today's world of global communication, a meeting with such terrorist organisation need not be merely a physical meeting. The Court said that it could even be meetings, arrangement or management of meetings through electronic or digital platforms or electronic communication. “Moreover, when a terrorist organization like LeT is involved, which has already taken responsibility for various terror attacks in India, the tacit or active support to such an organization cannot be condoned in any manner,” the Court said. The Bench made the observations while upholding the dismissal of third bail plea of an accused under UAPA by the trial court. The Court dismissed the appeal moved by Zafar Abbas in connection with an alleged terror funding case. It was NIA's case that Pakistan based terrorist organization Lashkar E-Taiba (LeT), had established a widespread network of operatives or over ground workers for providing support in planning and execution of its terrorist activities in various parts of India. Abbas was accused of opening fraudulent bank account using fake PAN cards and other documents, transferring of funds through the said bank accounts for various illegal and unlawful activities, including monetary benefits to other OGWs of LeT. He was further accused of distributing funds transferred through fraudulent bank accounts.Dismissing the appeal, the Court observed that Abbas was prima facie conspiring with some co accused persons who enabled him to obtain SIM cards in the names of non-existent individuals or without the knowledge of individuals in a fraudulent manner. “The above evidence clearly satisfies the tests under Section 43D(5) of the UAPA and prima facie, the Appellant has been unable to show his innocence at this stage. In fact, the chain of evidence establishes his connection with the LeT including its handlers and operators,” the Court said. Counsel for Appellant: Mr. Sanjiv Jha, Mr. Vikash K. Singh, Ms. Tusha Chawla, Mr. Sarthak Singh and Mr. Sachin Bhatt, AdvsCounsel for Respondent: Mr. Rahul Tyagi, SPP with Mr. Jatin, Mr. Aniket Kumar, Mr. Amit Rohila, AdvsTitle: ZAFAR ABBAS @ JAFFAR v. NATIONAL INVESTIGATION AGENCYCitation: 2025 LiveLaw (Del) 28Click here to read order

Supporting Terrorist Organization Either Monetarily Or Through Networking Prohibited Under UAPA: Delhi High Court

Nupur Thapliyal

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