The Bombay High Court has ruled that fugitive gangster Dawood Ibrahim is designated a terrorist under the Unlawful Activities Prevention Act (UAPA) in his individual capacity
Consequently, any association with him or his gang does not invoke the stringent provisions of the UAPA.
In an order from July 11, revealed on Friday, a division bench of Justices Bharati Dangre and Manjusha Deshpande granted bail to two individuals arrested by the Maharashtra Anti-Terrorism Squad (ATS) in August 2022. The ATS had accused Faiz Bhiwandiwala, who was found with 600 grams of ganja, and Parvez Vaid of being members of Dawood Ibrahim’s gang.
The duo faced charges under the UAPA for allegedly being members of a terrorist organization, committing terrorist acts, and raising funds for such activities, as well as charges under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
The court highlighted that the Union government had issued a notification on September 4, 2019, designating “Dawood Ibrahim Kaskar as a ‘Terrorist’” under the UAPA. The bench noted that the UAPA differentiates between an individual’s terrorist acts and those committed by a terrorist gang or organization.
“Prima facie, the offence under Section 20 of the UAPA (being a member of a terrorist organization) is not applicable, as Dawood Ibrahim Kaskar has been declared a terrorist in his individual capacity,” the court stated. “Therefore, any association with him, under the pretext of being part of the D-gang/Dawood gang, does not attract the provisions of Section 20.”
Additionally, the bench acknowledged a statement from Additional Public Prosecutor S V Gavand, based on instructions from the ATS officer, indicating that the chargesheet lacked evidence to support accusations under UAPA sections 17 and 18, which relate to committing a terrorist act and raising funds for such acts. The court also noted that the contraband seized from one of the accused was a small quantity.
The court granted bail to the two individuals on the condition that they each furnish a personal bond of Rs 50,000.
(With inputs from agency)
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