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In its observations passed by the bench comprising of Justice K Somashekhar and Justice Amarannavar it has said that it is not necessary that the UAP Act be applied only to the terrorist associated with any organization, but also can be applied to an individual who is involved in ‘terror act’. “Being a member of a terrorist gang or organization, which is involved in terrorist Act itself is an offence under Section 20 of the UAP Act”, the observation further read.
It can be noted that the observations were made by the divisional bench while hearing the bail plea of Irfan Pasha and Mohammed Mujeebulla, residents of Bengaluru, accused in the murder case of RSS worker Rudresh in the year 2016. The NIA Court had dismissed their bail plea.
Later, the accused filed for bail in the HC, stating that there was no material available for the prosecution and that they were behind bars for the past five years. However, the Bench said that they cannot be given bail, as there existed a prima case against the duo under the provisions of the UAP Act, 1967.