This law will not apply just because you are a gang member… Dawood’s henchmen got relief from High Court, also got bail

Highlights

Dawood Ibrahim is accused in the 1992 Mumbai bomb blast.Dawood has been made an accused under the stringent provisions of UAPA.The court has given relief to Dawood Ibrahim’s henchmen from UAPA.

The Bombay High Court gave an important judgment regarding fugitive gangster Dawood Ibrahim. The court said that Dawood has been declared a terrorist personally under the Unlawful Activities Prevention Act (UAPA). In such a situation, if there is any association with him or his gang, that person will not come under the provision of this stringent law. In an order dated July 11, a bench of Justices Bharti Dangre and Manjusha Deshpande granted bail to two persons detained by the Maharashtra Anti-Terrorism Squad (ATS) in August 2022. Details of the order became available on Friday.

The ATS has claimed that both Faiz Bhiwandiwala and Parvez Waid were members of the Dawood Ibrahim gang. 600 grams of ganja was seized from Bhiwandiwala. Both Bhiwandiwala and Waid were booked under the provisions of the UAPA and NDPS Act for being members of a terrorist organisation, committing terrorist acts and raising funds for crime.

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UAPA has segregated the activities of a person…
In its decision, the High Court said that the Central Government had issued a notification on September 4, 2019, declaring “Dawood Ibrahim Kaskar a ‘terrorist’ under UAPA.” The bench said that UAPA has separated the activities of a person, on the one hand it will be called a terrorist act, while on the other hand there are activities of a terrorist gang and a terrorist organization.

The court granted bail…
The court said, “We believe that prima facie, section 20 (being a member of a terrorist organization) of UAPA does not apply because Dawood Ibrahim Kaskar has been declared a terrorist in his personal capacity.” The bench also said that government lawyer SV Gawand gave a statement on the instructions of the ATS officer that there is no material in the chargesheet to establish the charges under sections 17 and 18 of UAPA which relate to committing terrorist acts and collecting money for the crime. The High Court also said that the banned drug allegedly seized from one of the accused was in small quantity. The court released Bhiwandiwala and Waid on personal bond of Rs 50,000 each.

Tags: Bombay High Court, dawood ibrahim, UAPA Act