Analysis of Legal Case: Support and Association
In a recent legal case, the court examined the concept of support and association in relation to Sections 38 and 39 of the Act. Despite being described as “ordinarily post-incidence,” certain expressions were deemed to constitute support and association.
The court highlighted a crucial evidentiary gap in Paragraph 73 of the judgment. It was noted that no witness had provided testimony linking the abetment to any specific act of violence involving the accused, Andrabi.
When addressing the charge of waging war against the state under Section 121 of the Indian Penal Code, the court referred to Supreme Court precedent, emphasizing that the term “waging war” entails the actual use of force, violent uprising, or defiance of government troops. In Andrabi’s case, none of these elements were proven, leading to her acquittal from this serious charge.
Furthermore, Andrabi was acquitted of terror financing under Section 17 of the Unlawful Activities (Prevention) Act. The prosecution’s claims regarding the source of funds were not substantiated beyond a reasonable doubt.
Significantly, the court ruled out Andrabi’s membership in a terrorist organization under Section 20, highlighting the lack of evidence to establish formal membership through oath of allegiance or induction. Instead, the court emphasized that ideological sympathy, advocacy, or association alone do not amount to membership.
Despite the acquittal on certain charges, Andrabi was convicted under Sections 38 and 39 for her association and support towards the activities of Dukhtaran-e-Millat. The court clarified that formal membership was not a prerequisite for establishing association or support.
It was underscored that while mere ideological sympathy may not attract Section 20, persistent public endorsement and mobilization could fall within the purview of Sections 38 and 39.
Ultimately, the court emphasized that direct proof of a terrorist act was not essential to sustain a charge of conspiracy, drawing a clear distinction between membership and association in the legal context.
