Preparing for terror act also UAPA offence: Delhi high court
Section 15 of UAPA defines a terrorist act as one likely to cause death or injury to people, loss or destruction of property
The Delhi high court has ruled that preparing to commit an act likely to cause death, injury, loss, or destruction constitutes a “terrorist act” under the stringent Unlawful Activities (Prevention) Act or UAPA, clarifying that such preparatory actions also fall within the ambit of the anti-terror law, which aims to prevent grave offenses threatening national security.

“Thus, upon a conjoint reading of sections 15 and 18 of UAPA, it is clear that preparation for the commission of a terrorist act would also include an act which is likely to cause death, loss, or damage,” a bench of justices Prathiba M Singh and Amit Sharma stated in a January 10 verdict, later released publicly.
Section 15 of UAPA defines a terrorist act as one likely to cause death or injury to people, loss or destruction of property, or disruption of essential services or supplies. Section 18 prescribes the punishment for conspiring, attempting, or preparing to commit a terrorist act, as well as abetting or advising others to do so.
The high court ruling emphasised that preparation for a terrorist act, even if incomplete, is a punishable offence under UAPA, interpreting the pertinent statutory provisions. By broadening the definition of a terrorist act to include preparatory steps, the judgment underscores the proactive approach embedded in the anti-terror law to prevent harm before it materialises. This interpretation seeks to ensure that individuals involved in the early stages of planning terror-related activities can be held accountable under the stringent provisions of UAPA.
The ruling came while adjudicating a bail petition filed by Zafar Abbas, alleged to be an operative of Lashkar-e-Taiba (LeT), a proscribed terrorist organisation. Abbas was charged under several provisions of UAPA, including sections 17 (raising funds for terrorist acts), 18 (conspiracy), 38 (membership of a terrorist organization), and 40 (raising funds for a terrorist organisation).
He was also charged under Indian Penal Code sections 120B (criminal conspiracy) and 121 (waging war against the Government of India).
Abbas was arrested by the National Investigation Agency (NIA) in December 2021 and was accused of conspiring with co-accused LeT operatives based in Pakistan to recruit ground workers for the proscribed organisation. NIA alleged that he distributed funds transferred through fraudulent bank accounts, facilitated communication between LeT operatives in Pakistan and India, and planned terrorist attacks in the country.
Abbas sought bail on the grounds that charges had yet to be framed despite the filing of a charge sheet and that the trial, involving 192 witnesses, would take time to conclude. However, NIA, represented by special public prosecutor Rahul Tyagi, argued that there was substantial evidence linking Abbas to the LeT and its activities, including covert communications and fund transfers.
The high court dismissed the bail plea, citing sufficient evidence of Abbas’s involvement with the LeT.
“In today’s world of global communication, a meeting need not be merely a physical meeting. It could even be meetings, arrangement or management of meetings through electronic/digital platforms, through electronic communication, etc. Moreover, when a terrorist organization like LeT is involved, which has already taken responsibility for various terror attacks in India, the tacit or active support to such an organization cannot be condoned in any manner,” it noted.
The 17-page judgment stressed the importance of taking a firm stance against those supporting terrorist organisations, whether directly or indirectly, to safeguard national security.
“It is a matter of common public knowledge that there are several terrorist organizations which are waging a war against India and are involved continuously in planning and execution of terrorist activities within India...UAPA is a statute which therefore, permits various measures to be taken against terrorists and terrorist organisations including freezing of assets for the purpose of protecting the country and for prevention of terrorist acts from taking place,” emphasised the judgment.

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