Posters Allegedly Seeking To Alienate J&K Residents From India Sufficient To Frame UAPA Charge Against Accused: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that posters allegedly seeking to alienate the residents of Jammu & Kashmir from the rest of India are, at the stage of framing of charges, sufficient to prima facie attract an offence under Section 13 of the Unlawful Activities (Prevention) Act, 1967. The Court observed that while considering whether to frame charges, it is only required to determine whether a prima facie case exists and cannot undertake a detailed evaluation of the sufficiency of the evidence.The Court was hearing two appeals filed under Section 21(4) of the National Investigation Agency Act, 2008, challenging the order passed by the Court of the Additional Sessions Judge (Designated Special Court under the NIA Act), Srinagar, whereby charges came to be framed against the appellants for offences under Sections 13, 18, 39 and 40(2) of the Unlawful Activities (Prevention) Act, 1967, and Section 506 of the Indian Penal Code.A Division Bench of Justice Rajnesh Oswal and Justice Sanjay Parihar, while observing that at the stage of framing of charges, the ltrial court was neither required nor positioned to conclusively determine the adequacy of the evidence remarked, “....the contents of the posters running across the record are, in our estimation, amply sufficient for charging the appellants with the commission of an offence under Section 13 of the Act. In the text of these posters, a deliberate attempt has been made to alienate the local residents of Jammu and Kashmir from the rest of India, which is sufficient to spread disaffection against the nation.”It was in March 2024, Police Station, Shaheed Gunj received information that the Terrorist Organization, The Resistance Front (TRF), had posted a threat message on a social media group "Fight Kashmir" regarding the upcoming Parliamentary Elections. Based on this information, FIR was registered for offences under Section 506 IPC and Section 13 of the Unlawful Activities (Prevention) Act.On 19.03.2024, during routine vehicle checking at a police checkpoint at Jehangir Chowk, the police intercepted a motorcycle being ridden by the two appellants. Upon frisking, 14 posters were found hidden under the shirt of appellant Mohd. Manan Dar, who was also found in possession of Indian currency notes totalling ₹1,00,000 in the denomination of ₹500. Appellant Adnan Bashir Bangroo was found in possession of 25 posters containing an alleged message issued by the Telegram channel 'Kashmir Fights', along with a bottle of glue.During interrogation, both appellants made statements before an Executive Magistrate. Mohd. Manan Dar stated that he was in touch with a Pakistan-based handler, who convinced him to work for the banned organization TRF. He stated that he and Adnan Bashir Bangroo went to Qamarwari, Srinagar, where an unknown person handed them a polythene bag containing posters, ₹1,00,000 cash, and a bottle of glue. The cash was to be delivered to an active terrorist, Momin Gulzar (later killed in an encounter). The photographs of Momin Gulzar were retrieved from the mobile phone of Mohd. Manan Dar.A charge-sheet was then filed against Mohd. Manan Dar under Sections 13, 18, 39, 40(2) UAPA and 506 IPC, and against Adnan Bashir Bangroo under Sections 13, 18, 39 UAPA and 506 IPC.Court's Observations:Adjudicating the matter the Court first examined the principles governing framing of charges and discharge and observed, “At the stage of framing of charge, evidence cannot be gone into meticulously. It is immaterial whether the case is based on direct or circumstantial evidence and a charge can be framed if there are materials showing possibility about commission of the offence by the accused as against certainty.” The Court noted that the appellants had confined their challenge to charges under Sections 18, 39, and 40(2) of the Act, effectively leaving the charge under Section 13 unassailed. However, the Court observed, “Be that as it may, at this stage of the proceedings, the contents of the posters running across the record are, in our estimation, amply sufficient for charging the appellants with the commission of an offence under Section 13 of the Act. In the text of these posters, a deliberate attempt has been made to alienate the local residents of Jammu and Kashmir from the rest of India, which is sufficient to spread disaffection against the nation.”Addressing the contention that no offences under Sections 18 and 39 were made out, the Court examined Section 18 (punishment for conspiracy) and Section 15 (definition of terrorist act) of the Act. The Court observed,“The case against the appellants extends beyond the mere possession of incriminating posters and currency notes. They are further alleged to have been in contact with a Pakistan-based handler and an active terrorist, Momin Gulzar. The recovered posters and the sum of ₹1,00,000/- were intended for delivery to a terrorist. The physical transportation of these posters alongside unaccounted-for cash ...

Posters Allegedly Seeking To Alienate J&K Residents From India Sufficient To Frame UAPA Charge Against Accused: J&K&L High Court

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Posters Allegedly Seeking To Alienate J&K Residents From India Sufficient To Frame UAPA Charge Against Accused: J&K&L High Court

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