Possessing Jihadi Literature not Offence,Delhi Court Tells NIA

Mere possession of jihadi literature does not amount to an offence unless there also exists material about the execution of such an ideology, a Delhi court told the National Investigation Agency (NIA) while hearing an Unlawful Activities Prevention Act (UAPA) case.

The NIA has accused eleven people of aligning themselves with ISIS, “being part of various ISIS propaganda channels on different secured as well as unsecured social media applications”, and “propagating the violent jihadi ideology of the ISIS”. It has also flagged a transaction of Rs 60,000 between the accused persons as terror funding.

Principal District and Sessions Judge Dharmesh Sharma, in his order passed on October 31, said: “To hold that mere possession of jihadi literature having a particular religious philosophy would amount to an offence, though such literature is not expressly or specifically banned under any provision of law, is not fathomable in law unless and until there is material about execution of such philosophy so as to do terrorist acts.”

“Such a proposition runs counter to the freedoms and rights guaranteed by Article 19 of the Constitution. Even if they were impressed by the said philosophy and ideology, still they cannot be said to be members ­much less such members as would attract the penal liability of the said organisation,” the court said.

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