Use Of Social Media For Disseminating Radical Ideology Falls Within Ambit Of UAPA: Delhi HC
The court underlined the "influence" of the accused and a high possibility of evidence tampering, while saying the dissemination need not necessarily be a physical activity
Denying bail to an accused in a terror case, the Delhi High Court on Tuesday observed that using social media for disseminating radical information and ideology can attract charges under the UAPA.
The court refused bail to an alleged operative of the terror outfit, 'The Resistance Front', charged under the Unlawful Activities (Prevention) Act, or UAPA. It underlined his 'influence" and a high possibility of tampering with the evidence, while also saying that the dissemination need not necessarily be a physical activity.
Analysing a section of the UAPA, which deals with punishment for conspiracy, attempt, advocacy, abetment or incitement of terrorist acts, a bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar found sufficient material against accused Arsalan Feroze Ahenger. The bench said Ahenger, stated to be in his early 20s, posted photos of terrorists and incited people to commit terrorist acts.
'The said provision is framed in such a broader way that even the usage of social media or any digital activity for the purpose of disseminating radical information and ideology falls within its ambit and it is not necessary that the same is to be a physical activity," the court observed.
It said: 'It cannot be said that there is no evidence against the appellant (Ahenger) that he was closely associated with slain terrorist Mehran Yaseen Shalla or that he has actively participated in the terrorist activities himself."
As a result, Ahenger's appeal against a trial court order from September 2024 denying him bail in the case was dismissed. He was arrested on December 30, 2021.
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