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Sri vs State Rep. By on 3 April, 2025 cites

The State Of Maharashtra vs Mahesh Kariman Tirki on 15 October, 2022

(v) In the case of State of Maharashtra vs. Mahesh Kariman Tirki & Ors in SLP (Criminal).No.10501/2024 whether he was a member of the banned organization is not sufficient to convict the appellant under Sections 10(a)(i), (iv) and 38(1) of the Unlawful Activities (Prevention) Act, 1967. According to the learned counsel for the appellant in this case, there was no record produced to prove the membership. But, the evidence of the appellant himself is that during the war they themselves voluntarily surrendered before Sri Lankan Army and got the tender of pardon from Srilankan Government and thereafter, they came to Tamil Nadu. Therefore, it is implied from the above statement of the appellant, he was member of the LTTE organization and after arrival in Tamilnadu, he was vigorously participating in activities to revive the LTTE Organization in Sri Lanka and therefore, he committed the offences punishable under sections 10(a)(i), (iv) and 38(1) of the Unlawful Activities (Prevention) Act, 1967. To prove the 11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 04:48:47 pm ) CRL.A(MD).No.698 of 2024 TERRORIST Act, it is not necessary to adduce physical evidence, when the materials collected by the investigating agency are sufficient to infer his criminal intention to act contrary to the provision of the UAPA Act, in the considered opinion of this Court, it is sufficient to convict under Section 10(a)(i), (iv) and 38(1) of the Unlawful Activities (Prevention) Act, 1967.
Supreme Court - Daily Orders Cites 12 - Cited by 1 - Full Document

Arup Bhuyan vs The State Of Assam Home Department on 24 March, 2023

9.The learned counsel for the appellant also submitted that, the prosecution agency has not produced any material to prove any Terrorist act, on the part of the appellant. This Court is unable to subscribe to the said argument, when the material produced show their intention to revive the LTTE organization in Sri Lanka, this Court finds ingredients of the offence are made out. The latest Hon'ble Three Judges Bench of the Supreme Court on reference answered in the case of Arup Bhuyan v. State of Assam, reported in 2023 (8) SCC 745 i.e. to pass conviction, he should be the member of the organization and he continue in the illegal activities. In this case, the membership is proved from the circumstances and he continued the illegal activities by sending the incriminating material to Sri Lanka to revive the LTTE organization. Hence, both ingredients are made out in the peculiar circumstances of the case. The object of Unlawful Activities (Prevention) Act, is to curtail any form of the terrorism in India. The interpretation of provision and appreciation 14 https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 04:48:47 pm ) CRL.A(MD).No.698 of 2024 of the evidence is to be in such a way to achieve the object of the Act. Therefore, this Court having considered the incriminating material collected by investigating agency and going through the entire materials holds that the intention of the appellant is to revive the LTTE organization and it is clearly proved beyond reasonable doubt. It is admitted fact that the LTTE organization is banned by the Union Government in such situation, allowing the person to support the LTTE organization in any form is offence.
Supreme Court of India Cites 94 - Cited by 4 - M R Shah - Full Document
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