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In a case where 5 were Convicted By NIA Court In Alleged SIMI Camp Case, all were acquitted by Kerala High Court.
The Court observed the NIA Special Court committed "serious error" in convicting the accused. They were convicted by NIA Court for offences under Section 124A(sedition) of the Indian Penal Code and Sections 10(a)(i),10(a)(ii) and 13(1)(b) of the Unlawful Activities(Prevention) Act (membership of unlawful organization and taking part in unlawful activities).
The High Court of Kerala has acquitted all five persons who were convicted by a Special Court of National Investigation Agency(NIA) in 2016 for allegedly organizing a meeting of the banned outfit Students Islamic Movement of India(SIMI) in 2006.
The prosecution case was that on the independence day of 2006, the accused persons had organized a meeting at Happy Auditorium at Panayikulam near Aluva on the subject "Role of Muslims In Indian Independence", which was attended by 17 persons. In the meeting, the second accused Abdul Rasik allegedly said "Indian army is killing Muslims in Kashmir who are doing jihad against Indian army in Kashmir. Other Muslims in India are being tortured under laws like TADA, NSA, etc against which under the leadership of SIMI we have to fight".
The case, which was initially investigated by local police, was taken over by NIA in 2008. The NIA filed chargesheet in 2011 against 16 persons who had attended the meeting . The NIA court had sentenced Rasik and Ansar accused to 14-year rigorous imprisonment, while three other accused - P A Shaduli, Nizamuddin and Shammas- were sentenced to 12 years of jail and 11 others were acquitted.
The NIA had also filed appeals against the acquittal of 11. The High Court jointly considered the appeals filed by the convicts and the NIA. The Divison Bench of Justices A M Shaffique and Ashok Menon held that there was no evidence that the speeches were made as alleged. The prosecution's main witness was PW1, who was the imam of Panayikulam Salafi Masjid from 2006 to 2010. PW1, who had allegedly participated in the meeting on invitation from fourth accused Nizamuddeen, was initially made accused in the crime. Later, he was made approver by the NIA and his statement was recorded under Section 164 CrPC four years later. The case was largely built on his evidence.
The Court said that even if the speeches are assumed to have been made, they will not constitute the offence of sedition. Referring to the Supreme Court decision in Kedar Nath Singh vs. State of Bihar, which read down Section 124A IPC, the Court said "On a bare reading of Section 124A, it is rather clear that merely making a statement against Government of India or military will not become sedition". The Court observed that the alleged speeches may be "malicious", but held that there was nothing seditious in its contents.
SIMI banned under UAPA only in 2013; Membership prior to that no offence The Court noted that SIMI was included in the schedule of unlawful organizations under UAPA only from February 1, 2013, much later to the alleged offence.
The Court also made reference to the SC decision in Arup Bhuyan vs State of Assam which held that mere membership of a banned organization will not make a person criminal unless he resorts to violence or incitement of violence.
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