Bengaluru (PTI): The Karnataka High Court has acquitted three people, including a Pakistani national, from charges under the Unlawful Activities (Prevention) Act (UAPA) related to a 2012 terror conspiracy allegedly plotted inside Bengaluru Central Prison.
The court found a procedural flaw in the prosecution sanction granted by the state government, leading to the acquittals.
The accused – Syed Abdul Rehman from Bengaluru, Afsar Pasha alias Khushiruddin from Chintamani in Kolar district and Mohammed Fahad Khoya from Karachi, Pakistan – were charged under various provisions of the UAPA and the Indian Penal Code (IPC).
However, while acquitting them of these charges, the court upheld Rehman’s conviction under the Arms Act, 1959, and the Explosive Substances Act, 1908.
Rehman was found guilty of illegal possession of a revolver and concealing explosives, leading to a revised sentence of 10 years' imprisonment.
A division bench, consisting of Justice Sreenivas Harish Kumar and Justice J M Khazi, allowed the petitions filed by Pasha and Khoya challenging their 2023 conviction and life imprisonment sentence.
However, the bench only modified Rehman’s conviction under the lesser offenses of the Arms Act and Explosive Substances Act.
The court found that the sanction for prosecution was flawed. The Principal Secretary to the Home Department at the time, Raghavendra H Auradkar, admitted during cross-examination that he could not recall whether an independent review committee was involved when he granted the sanction.
The court noted that under Section 45(2) of the UAPA, it is mandatory to consider the review committee’s report before granting sanction.
As the trial court overlooked this procedural lapse, the High Court concluded that the sanction order was invalid, thereby vitiating the charges under the UAPA.
The court also noted the absence of independent evidence to substantiate the charges of criminal conspiracy to recruit youth for Lashkar-e-Taiba (LeT) and conduct attacks in Bengaluru, allegedly planned during the accused’s imprisonment.
The charges largely relied on confessions from the accused, which the court deemed insufficient for conviction.
The bench concluded that there was no proof linking Rehman to any activities directed by the other accused during their time in prison.
Consequently, Pasha and Khoya were ordered to be released unless they are implicated in other cases, with the latter slated for deportation to Pakistan.
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Chennai: Journalist and political commentator Sujit Nair has expressed concern over speculation that the Dravida Munnetra Kazhagam and the All India Anna Dravida Munnetra Kazhagam could explore a post-poll understanding to prevent Vijay-led Tamilaga Vettri Kazhagam from forming the government in Tamil Nadu.
In a social media post, Sujit Nair said the election verdict in Tamil Nadu reflected a clear public demand for political change and argued that the mandate should be respected irrespective of political preferences.
Referring to reports and political discussions surrounding a possible understanding between the DMK and AIADMK, he said he hoped such developments remained only speculative conversations and did not turn into reality.
Nair stated that if such an alliance were to take shape, it would raise serious questions about ideological politics in the country. He said TVK had emerged through a democratic electoral process and that the legitimacy to govern in a parliamentary democracy comes from the people’s verdict.
According to him, attempts to prevent an electoral winner from forming the government through unexpected political arrangements may be constitutionally valid, but many people could view them as politically opportunistic.
He further said that such a move could particularly affect the political image of the DMK, which has historically projected itself around ideology, social justice and opposition politics. Nair said that in ideological terms, the DMK appeared closer to TVK than to the AIADMK, and joining hands with its long-time political rival only to remain in power could weaken its broader political narrative.
He added that the same questions would apply to the AIADMK as well, as the party had spent decades positioning itself against the DMK and such an arrangement could create discomfort among its cadre and supporters.
Drawing a comparison with Maharashtra politics in 2019, Nair said he had expressed similar views when the Shiv Sena formed an alliance with the Indian National Congress and the Nationalist Congress Party after the Assembly elections.
He said post-poll alliances between long-standing political rivals often create a public perception that ideology and electoral mandates become secondary when political power equations come into play.
Nair also said such developments increase public cynicism towards politics and reinforce the belief among voters that ideology is often sidelined after elections.
He maintained that the Tamil Nadu verdict was emphatic and said respecting both the spirit and substance of the mandate was important for the credibility of democratic politics.
