Dawood Ibrahim Terrorist In 'Individual Capacity', Mere Association With Him Won't Attract UAPA Action: Bombay HC

Taking note of the legal intricacy, a Bombay High Court division bench granted bail to two accused, who were booked for their alleged connection with the D-Company. They were also facing charges in connection with a drug seizure case, Live Law reported.

The bench, comprising of Justices Bharati Dangre and Manjusha Deshpande pronounced the bail order on July 11.

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"Section 20 prescribes punishment for being a member of a terrorist gang or organisation. In the instant case, the material on which reliance is placed, is in the form of a Section 164 statement, referring to Parvez Vaid (petitioner) as a Member of the D-gang. This, in our view, prima facie, would not attract the offence under section 20, as by the amendment in Schedule IV, Dawood Ibrahim Kaskar, has been declared as a terrorist in an individual capacity, and therefore, any association with him in the pretext that a person belongs to D-gang/Dawood gang will not attract the provisions of Section 20," the judges noted as quoted by Live Law.

Bench Highlighted Difference Between Terror Individuals, Orgs

The bench underlined that under Schedule 1 of the UAPA act, the centre is empowered to declare any unlawful organisation as a terrorist organisation, similarly in the case of an individual the union government can declare a person, a terrorist under Schedule 4 of the act.

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The judges noted that Dawood Ibrahim was declared a terrorist under the 4th schedule of the UAPA in a notification issued on September 4, 2019.