Madhya Pradesh High Court: “Roots of Terrorism Complex, No Religion Promotes Violence”

By Payal Singh

8 January 2025, 3:45 PM8 January 2025, 3:45 PM

2 minutes, 33 seconds Read

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The Madhya Pradesh High Court addressed religious terrorism, asserting that no religion condones violence while recognizing the complex roots of extremism. It denied bail to an accused linked to ISIS, citing serious charges and evidence from the NIA, including conspiracy to attack Jabalpur’s Ordnance Factory, thereby highlighting stringent bail conditions under UAPA.

Bhopal: Religious terrorism, described as a tragic and dangerous phenomenon that distorts the true teachings of faith, continues to wreak havoc on individuals and societies alike. The Madhya Pradesh High Court recently addressed this issue, emphasizing that no religion inherently supports violence or terror, while acknowledging the deep and complex roots of religious extremism.

A Division Bench comprising Justice Sushrut Arvind Dharmadhikari and Justice Anuradha Shukla made these observations while denying bail to an accused charged under the Unlawful Activities (Prevention) Act (UAPA) for alleged links to the Islamic State of Iraq and Syria (ISIS). The accused reportedly propagated the radical ideology of ISIS and was found in possession of incriminating literature promoting their extremist views.

In its ruling, the Court highlighted,

“This Court cannot express undue leniency to a person who is facing serious charge of terrorism and unlawful activities. The trial is also set at full motion and there is every possibility of trial being completed in its due course. Therefore, considering the overall facts and circumstances, at this stage, we are not inclined to grant bail to the appellant.”

The Court explained the stringent conditions for granting bail under UAPA cases. These include:

Prima Facie Case: The court must be satisfied that the evidence collected by the investigation agency does not constitute a prima facie case against the accused.
Timely Trial and Fundamental Rights: The trial should be delayed significantly, leading to prolonged incarceration and potential violation of fundamental rights.

The accused in this case faced serious charges backed by material evidence collected by the National Investigation Agency (NIA). Key findings included:

Recovery of incriminating videos, audios, images, and documents related to ISIS.
Literature promoting Jihad and providing information on military training for the same.
Digital evidence showing the accused sharing obscene photographs of Hindu deities and ISIS-related content using encrypted and data-erasure applications such as “permadelete.”
Code-word discussions about ISIS with co-accused individuals.

The NIA’s investigation uncovered that the accused allegedly conspired to attack the Ordnance Factory in Jabalpur, a critical defense establishment. The Court noted,

“The material collected by the NIA shows that the present appellant was the active member of conspiracy by which, the accused persons were going to attack upon Ordnance Factory, Jabalpur, which is an entity of defence. We find sufficient material to show that there was conspiracy to commit a terrorist act to which the appellant was a party.”