In a significant ruling, the Bombay High Court has clarified that Dawood Ibrahim has been declared a terrorist in his personal capacity under the Unlawful Activities Prevention Act (UAPA). This declaration implies that any association with him or his gang does not automatically invoke the stringent provisions of the UAPA.
A division bench comprising Justices Bharati Dangre and Manjusha Deshpande, in an order dated July 11, which came to light on Friday, granted bail to two individuals arrested by the Maharashtra Anti Terrorism Squad in August 2022. The ATS had accused Faiz Bhiwandiwala, found in possession of 600 grams of ganja, and Parvez Vaid of being members of Dawood Ibrahim’s gang, invoking UAPA and NDPS Act charges.
The High Court pointed out that the Union Government had officially designated Dawood Ibrahim Kaskar as a ‘Terrorist’ under UAPA through a notification dated September 4, 2019. However, it emphasized that the UAPA distinguishes between actions by an individual deemed terrorist and those by a terrorist organization or gang.
“The offence under Section 20 of the UAPA, pertaining to membership of a terrorist organization, prima facie does not apply as Dawood Ibrahim Kaskar has been declared a terrorist in his individual capacity,” the bench stated. It further clarified that mere association with Dawood Ibrahim or his gang does not trigger Section 20 of the UAPA.
The court also noted that the prosecution had acknowledged a lack of evidence in the chargesheet regarding the allegations under UAPA sections 17 and 18, related to committing terrorist acts and collecting funds for illegal activities. Moreover, it highlighted that the quantity of contraband allegedly seized was minimal.
Consequently, the Bombay High Court released the accused individuals on a personal bond of Rs 50,000 each.
