The Supreme Court is going to determine whether gold smuggling comes under the purview of “terrorist economic activity” under the Unlawful Activities (Prevention) Act (UAPA). A plea has been filed by one Mohd. Aslam, as the Rajasthan High Court refused to quash the FIR against him, in which he has been charged under UAPA for smuggling gold.
The petitioner has contended that the charges under UAPA have been invoked arbitrariliy and no prima facie case of economic terrorism have been made out against him and neither has he been found to be connected with any terrorist or extremist group. He asserts that he engaged in smuggling due to his financial situation during the lockdown and just wanted to buy a flight ticket. He was working in Saudi Arabia as contract labour and lost his job after the pandemic broke out. Aslam was told by one person that if he delivers gold to an unknown person in Jaipur, he would book his flight ticket and pay him Rs. 10,000. But the gold was seized in Jaipur and he, along with 10 others, were sent to judicial custody. He was granted bail in July but an FIR was lodged against him in Delhi under UAPA on the ground that smuggling was done to threaten the country’s economic stability.
He has also challenged the filing of two FIRs for the same incident and the same cause of action.
The petitioner states that the National Investigation Agency (NIA) has nothing to show that the gold was smuggled to fund terrorism. The petitioner points out that gold smuggling should be dealt with under the Customs Act and not the UAPA. NIA states that facts disclosed by the accused persons revealed commission of criminal conspiracy, furthering terrorist activities and threatening the economic security and damaging monetary stability of India, defining it as a terrorist act in violation of UAPA, reported LiveLaw.
Rajasthan High Court in its impugned judgment observed that offence of gold smuggling with intent to threaten economic security of the country is a terrorist act under UAPA.
Kerala High Court in a judgment delivered on February 18, held that gold smuggling with a mere illegal profit motive will not fall within the definition of terrorist act under UAPA.
Related:
Surat Court acquits 122 alleged SIMI members after 20 years!
Speech against political party, not unlawful activity under UAPA: J&K Court
K’taka HC asks registry to appoint Judge for handling 56 pending UAPA cases