Watching videos alone not a ground to be branded terrorist: Kerala HC
The Kerala High Court has observed that merely watching certain videos and speeches will not be a reason to implicate a person as a terrorist.
A Division Bench of justices A M Shaffique and P Somarajan made the observation while considering an appeal filed by one Muhammed Riyas, challenging an NIA court order denying bail to him.
In its recent verdict, the court also set aside the National Investigation Agency (NIA) court order and granted bail to him.
In
his
appeal,
Riyas
had
submitted
that
he
was
arrested
on
terror
charges
following
a
complaint
filed
by
his
estranged
wife,
a
Hindu
woman
who
had
converted
to
Islam.
He
had
contended
that
he
was
not
part
of
any
terrorist
organisation
as
claimed
by
his
wife
and
he
had
no
connection
with
the
same.
It
is
only
on
account
of
the
matrimonial
dispute
or
under
the
influence
of
some
other
person
that
she
(wife)
had
levelled
such
allegations
against
him,
he
had
submitted.
In
its
order,
the
bench
said
as
far
as
the
appellant
is
concerned,
he
was
detained
on
the
ground
that
he
might
have
been
involved
in
terrorist
activities.
"The fact that he has seen certain videos and speeches as aforesaid by itself will not be a reason to implicate him as a terrorist, unless there are other materials to establish the same," the order said.
Noting that many such videos, speeches etc were in public domain, the bench said, "merely for the reason that one sees such matters it may not be possible for any person to establish that the accused is involved in terrorism."
"In the absence of any such materials forthcoming, even as on date, after expiry of 70 days of imprisonment, we are of the view that this is a fit case in which this court should exercise jurisdiction to grant bail," it added.
During the hearing, the NIA had submitted that it came into picture on the basis of a report submitted by the local police.
The central agency said two laptops had been seized from Riyas.
The laptop contained literature regarding 'Jihad' movement, videos of speeches delivered by Islamic preacher Zakir Naik, and some videos related to the war in Syria among others, it had said.
That apart, some nude photographs and videos of his wife were also found on the laptop, they said.
Other than that, as the matter stands now, link with any terrorist organisation has not been established, the NIA had said.
To
this,
the
court,
said
the
issue
relating
to
the
nude
photographs
of
the
woman
are
separate
matters
which
has
to
be
dealt
with
in
accordance
with
the
procedure
prescribed.
Earlier,
the
woman
had
filed
a
writ
petition
before
the
High
Court
alleging
that
she
was
forced
to
change
the
religion
and
marry
the
petitioner.
She had also alleged that attempts were made by Riyas to take her to Syria to join ISIS terror group.
She had also stated in the writ petition that Riyas had threatened her stating that her nude photographs will be published in the social media.