Case Note & Summary
The case involves an appeal by Abdul Latif Abdul Rashid Shaikh @ Guddu and Riaz Ali Abubakar Shaikh @ Riyan against their conviction under Section 18 of the Unlawful Activities (Prevention) Act, 1967 (UAPA) by the Additional Sessions Judge, Mumbai. The prosecution alleged that on 2nd March 2010, the Anti-Terrorist Squad received information that a person based in Pakistan, referred to as 'Uncle', was conspiring with the appellants to commit terrorist acts at ONGC building, Mangaldas Market, and Gujarati Chawl near Thakur Mall in Mumbai. The police obtained authorization under Section 5(2) of the Indian Telegraph Act, 1885 to intercept telephonic conversations. Intercepted calls revealed discussions about carrying out blasts and other terrorist activities. The appellants were arrested and charged under various sections of the IPC and UAPA. The trial court convicted them under Section 18 UAPA for conspiracy to commit terrorist acts, sentencing appellant no.1 to 12 years RI and appellant no.2 to 10 years RI, but acquitted them of other charges including attempt under Section 511 IPC and Section 18B UAPA. The appellants challenged the conviction on the ground that the intercepted conversations were not properly proved and that there was no evidence of conspiracy. The High Court examined the evidence, including the testimony of police officers and the transcripts of intercepted calls. The court found that the intercepted conversations clearly showed a conspiracy to commit terrorist acts, and the procedure for interception was properly followed. The court upheld the conviction under Section 18 UAPA, holding that the prosecution had proved the charge beyond reasonable doubt. However, the court agreed with the trial court's acquittal on attempt charges, as no overt act towards execution of the conspiracy was proved. The appeal was dismissed, and the conviction and sentences were confirmed.
Headnote
A) Criminal Law - Unlawful Activities (Prevention) Act, 1967 - Section 18 - Conspiracy to commit terrorist act - Appellants convicted for conspiracy to commit terrorist acts based on intercepted telephonic conversations with a person in Pakistan - Court upheld conviction, finding that the intercepted conversations clearly indicated a conspiracy to commit terrorist acts at specific locations in Mumbai - Held that the prosecution proved the charge beyond reasonable doubt (Paras 1-10). B) Evidence Law - Indian Telegraph Act, 1885 - Section 5(2) - Interception of telephonic conversations - Interception was carried out after obtaining proper authorization from the Government of Maharashtra - The intercepted conversations were admissible as evidence - Held that the procedure under Section 5(2) was followed (Paras 3-5). C) Criminal Law - Indian Penal Code, 1860 - Sections 120B, 120B read with 511, 436 read with 34 - Attempt to commit terrorist act - Appellants acquitted of attempt charges as the prosecution failed to prove that any step towards commission of the offence was taken beyond mere conspiracy - Held that mere conspiracy does not amount to attempt (Paras 6-8). D) Criminal Law - Unlawful Activities (Prevention) Act, 1967 - Section 18B - Attempt to commit terrorist act - Appellants acquitted of Section 18B as the evidence did not show any overt act towards execution of the conspiracy - Held that the charge under Section 18B was not proved (Paras 7-9).
Issue of Consideration
Whether the conviction of the appellants under Section 18 of the Unlawful Activities (Prevention) Act, 1967 for conspiracy to commit terrorist acts is sustainable based on intercepted telephonic conversations and other evidence.
Final Decision
The appeal is dismissed. The conviction and sentences imposed on the appellants under Section 18 of the Unlawful Activities (Prevention) Act, 1967 are confirmed.
Law Points
- Section 18 of Unlawful Activities (Prevention) Act
- 1967
- Conspiracy to commit terrorist act
- Interception of telephonic conversation under Indian Telegraph Act
- 1885
- Admissibility of intercepted conversations
- Circumstantial evidence
- Acquittal for attempt under Section 511 IPC and Section 18B UAPA
