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2019 Supreme(Ker) 1064

A.M.SHAFFIQUE, ASHOK MENON
Union of India through NIA, Kochi – Appellant
Versus
Shameer S/o Yousuf – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. M. Ajay.
For the Respondents: Sri. K.K. Dheerendrakrishnan, Sri. S. Rajeev, Sri. V. Vinay, Sri. S.U. Nazar.

JUDGMENT :

A.M. SHAFFIQUE, J.

1. The above appeals have been preferred by accused 1 to 5 and also by the State representing the prosecuting agency. The accused 1 to 17 were charged for offences punishable under Sections 120B and 124A of I.P.C. Sections 10(a)(i), 10(a)(ii) and 13(1)(b) of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as UAP Act). The prosecution allege that accused 1 to 17 assembled in an auditorium at Panayikulam on 15.8.2006. The meeting was arranged by accused 1 to 5 and attended by accused 6 to 17. The 13th accused was a juvenile and the case against him was split up to be considered separately and challenging the final report against him, he had filed Crl. M.C. No. 1538/17. According to the prosecution, accused 1 to 5 organised the secret meeting. They brought pamphlets containing anti-national, seditious and inflamatory writings with intend to bring hatred and contempt against Government of India. Accused 2 to 4 addressed the audience and advocated for cession of Kashmir through Jihad and for bringing back Muslim rule in India. The books and pamphlets brought by accused 1 to 5 were publications of Students Islamic Movement of India (‘SI

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