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The High Court bench comprising Justice Suresh Kumar Kait and Justice Manoj Jain, granted bail to Ammar Abdul Rehman, an accused under the Unlawful Activities Prevention Act (UAPA), while cautioning against assumptions solely based on the presence of objectionable material on one’s mobile device. The court emphasized that mere possession of content like pictures of terrorist Osama Bin Laden, Jihad propaganda, or ISIS flags, along with listening to fundamentalist or Muslim preachers’ lectures, does not automatically designate an individual as a member of a banned terrorist organization like ISIS.
The bench noted that in the digital era, objectionable material is readily accessible on the internet, and downloading such content does not establish an association with ISIS. The court highlighted that accessing such material out of curiosity is not a criminal offense in itself. Ammar Abdul Rehman was arrested by the National Investigation Agency (NIA) in August 2021 on charges of having an alleged affinity for ISIS and conspiring to join the organization in Jammu and Kashmir and other ISIS-controlled areas to carry out terrorist activities in India.
ANI had reproted that Rehman downloaded ISIS-related videos and footage of brutal murders from Instagram using a screen recorder. However, the High Court’s decision to grant bail indicates a cautious approach, emphasizing the need for concrete evidence beyond mere access to objectionable material.
The court directed Rehman’s release on bail, leaving the terms and conditions to the discretion of the special court handling the case. It clarified that its observations were temporary and intended solely for bail consideration, with the special court tasked with hearing the case on its merits.
The High Court’s ruling underscores the complexities of assessing culpability in cases involving digital content and the importance of ensuring that legal determinations are based on substantive evidence rather than assumptions or access to online material.
