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18. Ld. APP for the State pointed out that in Paragraphs 82 to 84, 85 and 88 of the impugned judgment, the ld. Trial Court has appreciated that the Appellant was involved in radicalising youth to perform jihad against the country. To establish the conspiracy alleged under Section 18 of UAPA, reliance is placed upon the connectivity/connection between the other co- convicts and the sequence of inflammatory speeches as also the deposition of Mr. Syed Dil Nawaz (PW-4) and Mr. Md. Saquib Khan (PW-46).

140. In the similar manner, the conduct of accused Abdul Sami and his connection with accused Abdul Rehman is not far from indicating him also as one of the constituents for conspiracy alongwith other accused persons. As per the evidence produced by the prosecution, he travelled to Pakistan illegally hiding his travel by creating forged and fabricated departure/arrival stamps of Immigration on his passport. His direct contact and recruitment by accused Abdul Rehman is also established by witnesses more specifically PW46 Mohd. Saquib Khan. His conduct and overt act also is indicating towards the existence of conspiracy and his involvement in the same. Therefore, from the facts and circumstances, conduct of the accused persons, it is established beyond reasonable doubt that accused Mohd. Asif and Abdul Rehman were indulged in carrying out such acts to disturb the unity and integrity, peace and tranquillity of India and for that purpose, they not only travelled to Pakistan illegally but also roped in accused Abdul Sami, Zafar Masood in their common design. Although the present case is not about committing of a specific terrorist act but act of accused persons is indicating towards preparation of some terrorist act. Preparatory act is being indicated by the conduct of the accused persons and the prevailing circumstances as no person normally would be indulged in such kind of activities. The activities of each accused persons are not to be seen in isolation. The evidence available on record clearly indicate towards the existence of conspiracy to commit a terrorist act but when the interse link of the accused persons, their illegal travel to Pakistan , recruitment of young persons in their terror outfit, inflammatory speeches, objectionable articles, obtainment of emergency certificate on false representation, obtainment of various passports by creating false and fabricated documents, if taken up as a whole and weighed, it gives a cumulative effect of existence of some common design or object to achieve something which is not in the interest of the country. The act of the accused persons shows that their conduct was conscious and clearly enough to infer their concurrence as to their common design and its execution. The evidence produced by the prosecution considering the surrounding circumstances and the conduct of the accused persons to show that the same is a relevant material which is required to complete the offence of conspiracy and also to show an agreement between the accused persons. Such agreement of doing a preparatory act to commit a terrorist act can never be a disclosed agreement which is required to be inferred from the circumstances and the conduct of the accused persons. Therefore, in the totality of circumstances, it is proved beyond reasonable doubt that act of accused persons was preparatory in nature with the intention to disturb the peace, tranquillity, unit, integrity and security of the country within the meaning of Section 15 and Section 18 of UAPA.

25. It can be seen that the ld. Trial Court convicted the Appellant and other co-convicts for conspiracy to commit acts which constituted preparation towards commission of some terrorist act. The ld. Trial Court came to the aforesaid conclusion on the basis of evidence indicating existence of a conspiracy to commit a terrorist act which included, their illegal travel to Pakistan, recruitment of persons to their terrorist outfit, inflammatory speeches, objectionable articles, obtainment of emergency certificate on false representation, and and obtainment of various passports by creating false and fabricated documents. As per the ld. Trial Court these circumstances if considered together "gives a cumulative effect of existence of some common design or object to achieve something which is not in the interest of the country". The evidence which was the basis of the aforesaid finding is discussed hereinafter.

28. As per PW-4 the Appellant who used to give religious speeches at the mosque - used to deviate from religious preaching to address on contentious issues as mentioned hereinabove and also used to deliver provocative speeches to the effect that the RSS, BJP and VHP have conspired against Muslims and that Muslims should also unite. He used to radicalize youth by giving such inflammatory speeches in order to recruit them for commission of terrorist acts. It is pertinent to note that the said witness in his testimony before the ld. Trial Court has clearly stated that the Appellant used to propagate Jihad in his speeches at the mosque. From a plain reading of the aforesaid testimony, it can be clearly said that the Appellant's speeches were inflammatory and against the interest of the nation. Further, PW-4 in his statement under Section 164 Cr.P.C specifically describes Appellant's speeches as -