The court upheld the conviction for conspiracy and recruitment for terrorist acts under UAPA, emphasizing that circumstantial evidence can establish conspiracy without direct proof of agreement.

JUDGMENT

1. The present appeal filed by the Appellant-Mohd. Abdul Rehman under Section 21(1) and (2) of the National Investigation Agency Act, 2008 (hereinafter, ‘NIA Act’) seeks the following prayers:

“(i) Setting aside the Judgement dated 10.02.2023 and order on conviction dated 14.02.2023 passed by the Special NIA Court, Ld. ASJ-02, Patiala House Courts, New Delhi in Sessions Case No. 9378/ 2016 – State vs Mohd. Asif and Ors. in FIR No. 67/2015 P.S. Special Cell originally under sections 18 , 18B and 20 of the UAPA , 1967, New Delhi whereby convicted the Appellant under Section 18 and 18B of the Unlawful Activities (Prevention) Act, 1967 to undergo RI for a period of Seven years and five months each Section 18 and 18B, running concurrently with a fine of Rs. 25000/- each and (ii)Pass any other order as this Hon’ble Court may deem fit, just and proper in the present facts and circumstances of the case;”

2. The appeal has been filed assailing the impugned judgment of conviction dated 10^th February, 2023 and order on sentence dated 14^th February, 2023 passed by Ld. ASJ-02, Patiala House Courts, New Delhi in Sessions Case No. 9378/ 2016 arising out of FIR No. 67/2015 P.S. Special Cell under Sections 18 , 18B and 20 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter, ‘ UAPA ’), whereby the Appellant was convicted under Section 18 and 18B of the UAPA and was sentenced to undergo rigorous imprisonment for a period of seven years and five months for the offences punishable under Section 18 and 18B of the UAPA , running concurrently with a fine of Rs. 25000/- each in default of payment of fine to undergo simple imprisonment for a period of three months.

BRIEF BACKGROUND

3. Brief facts which are necessary for the disposal of the present appeal are as follows: -

i. It is alleged that the Special Cell had received specific intelligence regarding a militant organization named Al-Qaida in Indian Subcontinent (hereinafter ‘AQIS’) being active in Sambhal District of Uttar Pradesh. On the basis of the aforesaid information, sources were deployed to find out information regarding people from Sambhal District who had visited foreign countries particularly Iran, Turkey and Pakistan.

ii. On 14^th December, 2015 at around 1:30 PM a specific intelligence was received by the Special Cell regarding the presence of one Mr. Mohd. Asif (hereinafter ‘Co-Convict No.1’) at Welcome Bus Stand, near Seelampur flyover, New Delhi. On the basis of the aforesaid intelligence a raiding team was constituted. At about 3:30 PM one person was seen coming with a black shoulder bag and upon identification by the secret informer Co-Convict No.1 was apprehended by the raiding team of the Special Cell.

iii. Co-Convict No.1 in his disclosure statements (Ex.PW 30/E to 30/G) revealed that he had joined the terrorist organisation Al-Qaeda (hereinafter ‘AQ’) and the group to which he belonged was called Al- Qaeda in the Indian Subcontinent (AQIS).

iv. Co-Convict No.1 in his disclosure statements also revealed that on 23^rd June, 2013 he had left India for Pakistan illegally via Iran along with one Mohd. Rehan and Mr. Mohd. Sharjeel Akhtar for getting arms training.

v. During investigation, the travel details of Co-Convict No.1 were collected from Minar Travels (India) Pvt. Ltd, Connaught Place, New Delhi, (Ex. PW 6/H and Ex. PW 6/I) as per which, Co-Convict No.1, Mr. Mohd Sharjeel Akhtar and Mr. Mohd Rehan had booked air tickets (Ex. PW 6/E1 to E3) by Mahan Airlines for departure from Delhi to Tehran on 23^rd June, 2013 and arrival from Tehran to Delhi on 10^th July, 2013. However, it is alleged that neither Co-Convict No.1 nor Mr. Mohd Sharjeel Akhtar and Mr. Mohd Rehan returned to India on these tickets.

vi. During investigation information regarding arrival of Co-Convict No.1 was sought from the Ministry of External Affairs. Vide reply dated 23^rd February, 2016 (Ex.D-5 and Ex.PW- 56/G) it was informed by the Ministry of External Affairs that Co-Convict No.1 had come to India