On November 25, the Supreme Court's division bench of Chief Justice of India D.Y. Chandrachud and Justice Hima Kohli, issued notice in the case brought by the National Investigation Agency challenging the bail granted to Saleem Khan, a purported member of the Al-Hind Group, which is allegedly linked to terrorist activities by Karnataka High Court.

A Bench issued notice and made it returnable in four weeks at the request of the Additional Solicitor General after hearing her arguments.

Sr. Advocate Arishwarya Bhati informed the court that two different types of organisations, first is a terrorist group that is outlawed, and the second is a terrorist organisation. Both have been defined in the definitions clause of the Act.

Ms. Bhati explained the "grave error of law" made by the High Court, arguing that it had said there could be no question of invoking Sections 18 [Punishment for Conspiracy, etc.], 18A [Punishment for Organising Terrorist Camps], 18B [Punishment for Recruiting Any Person or Persons for Terrorist Act] and 20 [Punishment for Being a Member of Terrorist Gang or Organ] in the absence She continued by saying that the invoked provision could exist without the use of Section 15.

"The High Court says that if there is no terrorist act, then Sections 18, 16, 20 does not apply. We submit these can independently exist. "

The ASG asserts that if the High Court's view is accepted, then the penalties for conspiring to organise a terrorist camp and for doing so would be pointless.

The constraints provided by sub-section (5) of section 43-D per se do not prevent a Constitutional Court from giving bail on the grounds of violation of part III of the Constitution, the High Court had decided while granting bail. Additionally, the High Court had stated that merely attending meetings of jihadi organisations or Al-Hind, which is not a prohibited organization, would not constitute "terrorist activity" in violation of the UAPA.

Case Title: Union of India through National Investigation Agency v. Saleem Khan

Diary No. 30597/2022