UAPA

Mere association with Dawood Ibrahim will not amount to terror gang membership under UAPA: Bombay High Court https://www.barandbench.com/news/mere-association-dawood-ibrahim-not-uapa-offence-terror-gang-membership-bombay-high-court The Court explained that UAPA has different provisions on the activities of an individual and the activities of a terrorist gang or terrorist organisation. Text of judgement : https://www.livelaw.in/pdf_upload/parvez-vaid-vs-state-of-maharashtra-550689.pdf In order to attract the provisions of Section 20 of UAPA, which has prescribed punishment for being a member of terrorist gang or an organisation, it is necessary to refer to the concept of terrorist gang/terrorist organization which has been assigned a definite connotation in Section 2(l) and 2(m) to the following effect: 2(l) “terrorist gang” means any association, other than terrorist organisation, whether systematic or otherwise, which is concerned with, or involved in, terrorist act; 2(m) “terrorist organisation” means an organisation listed in the Schedule or an organisation operating under the same name as an organisation so listed; The bench of Justice Bharati Dangre and Justice Manjusha Deshpande noted Section 20 UAPA and Section 164 CrPC statements that referred Parvez Vaid as a Member of D-gang and observed, “it would not attract the offence u/s.20, as by the amendment in Schedule IV, Dawood Ibrahim Kaskar, has been declared as a terrorist in individual capacity, and therefore, any association with him on the pretext that a person belongs to D-gang/Dawood gang will not attract the provisions of Section 20.” - https://www.verdictum.in/court-updates/high-courts/bombay-high-court-parvez-zubair-vaid-v-the-state-of-maharashtra-2024bhc-as28377-db-section-20-uapa-d-gang-terrorist-individual-capacity-dawood-ibrahim-1544722