UAPA CASE: SUPREME COURT REFUSES TO CANCEL BAIL OF MAN BOOKED OVER ALLEGED ISIS LINKS, EXPUNGES MADRAS HIGH COURT'S REMARK

The High Court in the case noted that the evidence adduced by the prosecution did not prove that Asif's co-accused was an ISIS member; even assuming him to be an ISIS member, Asif had only intended to be close to the co-accused.

The Supreme Court in the case The Deputy Superintendent Of Policy versus Asif Musthaheen observed and has refused to cancel the bail which is granted to one Asif Musthaheen, who is being booked over alleged ISIS links, Al-Qaeda ideology and plans to kill members of Hindu organisations.

The bench comprising of Justice Surya Kant and Justice Ujjal Bhuyan was hearing the present matter.

The court in the case expunged certain remarks made by the Madras High Court in the impugned order.

These remarks are related to:

The evidentiary value of text messages

No Offence as stated under Section 38 (2) of the Unlawful Activities (Prevention) Act 1967 Act being made out; and whether there being any illegality or irregularity on the issue of sanction.

The bench in the case observed and has stated that such kind of observation made by the High Court while deciding a bail application are apparently out of context, and the same are thus expunged, and shall not be treated as a precedent for any other matter.