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2022 Supreme(SC) 1895

D. Y. CHANDRACHUD, HIMA KOHLI
Union of India – Appellant
Versus
Saleem Khan – Respondent


Advocates Appeared:
Ms. Aishwarya Bhati, ASG, Ms. Sairica Raju, Advocate, Mr. B.K. Satija, Advocate, Mr. Gautam Bharadwaj, Advocate, Mr. Arvind Kumar Sharma, Advocate, for the Appellant.

ORDER

1. Delay condoned.

2. Ms Aishwarya Bhati, Additional Solicitor General submits that while granting bail to the respondent (Saleem Khan, A-11), the High Court has, in paragraph 22 of the impugned judgment misinterpreted the provisions of Sections 15, 18, 18A, 18B and 20 of the Unlawful Activities (Prevention) Act 1967.

3. The High Court has observed that in the absence of any allegation in regard to the commission of an offence under Section 15, the offence punishable under Section 18 would not arise.

4. In this context, it has been submitted that Section 18 deals with punishment for conspiracy or attempting to commit or advocating, abetting, advising, inciting or facilitating the commission of a terrorist act or any act preparatory to the commission of a terrorist act.

5. The submission is that even though there is no specific allegation with reference to the provisions of Section 15 which deals with a terrorist act, Section 18 (punishment for conspiracy, etc.), Section 18A (punishment for organising of terrorist camps), Section 18B (Punishment for recruiting of any person or persons for terrorist act) and Section 20 (punishment for being member of terrorist gang or organisation)

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