A.M.SHAFFIQUE, ASHOK MENON
Union of India – Appellant
Versus
Shameer – Respondent
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 inflammatory 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 ('S
Marudanal Augusti v. State of Kerala (1980) 4 SCC 425]
Thulia Kali v. State of Tamil Nadu
Mohd. Jamiludin Nasir v. State of West Bengal
Central Bureau of Investigation v. Ashok Kumar Aggarwal and Another (2013) 15 SCC 222]
Nazir Khan v. State of Delhi AIR 2003 SC 4427)
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