Mere association or support for a terror outfit does not attract UAPA: Supreme Court OCTOBER 28, 2021 Krishnadas Rajagopal
“Mere association” with a terrorist organisation as a member or otherwise is not sufficient to attract an offence under the draconian Unlawful Activities (Prevention) Act of 1967...
Association or support for a terror outfit should be accompanied with an intention to commit acts to further the activities of the terrorist organisation, The court was dealing with Sections 38 (membership of a terrorist organisation) and 39 (supporting a terrorist organisation) of the UAPA. Both Section 38 and 39 attract imprisonment upto 10 years or fine or both.
The court said an “intention of furthering the activities of a terrorist organisation” could be inferred from “overt acts or acts of active participation of the accused in the activities of a terrorist organisation which are borne out from the materials forming a part of the chargesheet”.