IMPORTANT POINT
The court affirmed that association with a terrorist organization with intent to further its activities constitutes a punishable offense under the UA(P) Act.

JUDGMENT :

Raja Vijayaraghavan V, J.

In 2006, Yoko Ono—renowned songwriter and wife of the late John Lennon of the Beatles—offered a poignant tribute to the memory of lives lost in the aftermath of the so-called "War On Terror" following 9/11. Her words resonate as both a lament and a plea:

“To those who have lost loved ones without reason: forgive us for failing to prevent such tragedies.

To those who have suffered abuse or torture: forgive us for allowing these horrors through our silence.”

Interpreted in the context of terrorism and related violence, these lines acknowledge the grief of those who have lost loved ones and the senseless violence driven by ideology and hatred. The lines also reflect how indifference, fear, or delayed action can create environments where extremist ideologies thrive, perpetuating cycles of violence and leaving lasting scars on victims and society.

2. The term “terror” originates from the Latin word “terrere”, meaning "to tremble" or "to frighten."

Background Facts:

3. In recent decades, terrorist activities have taken various forms, including the targeted killing of innocent civilians with advanced weaponry, planting explosives in public spaces, taking of hostages, aircraft hijackings, and even armed conflicts, leaving no corner of society untouched by its devastating reach.

4. Terrorism has evolved into a global menace, and India is not immune to its impact. It threatens not only the life, liberty, and property of individuals but also endangers the social order, disrupts the economic framework of the State, and undermines the ideals and values that define its liberal character.

5. Horrific acts of terrorism in India include the 1993 Mumbai blasts, the 2001 Parliament attack, the 2006 Mumbai train bombings, 26/11 attacks of the year 2008, the 2016 Pathankot attack, and the 2019 Pulwama bombing. These tragedies highlight the persistent threat to national security and also the devastating but avoidable loss of hundreds of innocent lives.

6. The Unlawful Activities (Prevention) Act, 1967, (hereinafter referred to as “the UA(P) Act”) was enacted to provide for more effective prevention of certain unlawful activities of individuals and associations and for dealing with terrorist activities and for matters connected therein. The said Act has been amended in the years 2004, 2008, and 2013 to add certain provisions relating to various facets of terrorism. Under Section 35 of the UA(P) Act, the Central Government is empowered to add an organization in the First Schedule or the name of an individual in the Fourth Schedule, if it believes that such organization or individual is involved in terrorism. It may also add an organization in the First Schedule if such organization is identified as a terrorist organization in the resolution adopted by the Security Council under Chapter VII of the Charter of the United Nations to Combat International Terrorism.

7. The Ministry of Home Affairs, New Delhi, vide notification dated 16.02.2015, added Islamic State/Islamic State of Iraq and Levant/Islamic State of Iraq and Syria/Daesh, and all its manifestations as a terrorist organization. In the said notification, it was mentioned as follows:

“And whereas the Islamic State/Islamic State of Iraq and Levant/Islamic State of Iraq and Syria/Daesh, a terrorist outfit operating in Iraq and neighbouring countries, has been resorting to terrorist actions to consolidate its position in that area by recruiting youth for ‘Global Jihad’ to achieve the objective of establishing its own ‘caliphate’ by overthrowing democratically elected governments, besides resorting to terrorism in the form of killing of innocent civilians and security forces;

And whereas, the Central Government believes that the Islamic State/Islamic State of Iraq and Levant/Islamic State of Iraq and Syria/Daesh is involved in radicalization and recruitment of vulnerable youth from various countries including India;

And whereas, such recruitment of youth to the outfit from Indi