"Payment of extortion money does not amount to terror funding:" Supreme Court grants bail to accused charged under UAPA

The Supreme Court on Friday granted bail to a business man charged under Unlawful Activities Prevention Act (UAPA) stating that "payment of extortion money does not amount to terror funding.".A Bench of Justices L Nageswara Rao and Ravindra Bhat was dealing with a case wherein a business man dealing with coal was accused of paying money to the members of a terrorist gang TPC and colluding with them for smooth running of his business. .The top Court noted that while considering the grant of bail under Section 43(5)D, it is the bounden duty of the Court to apply its mind to examine the entire material on record for the purpose of satisfying itself, whether a prima facie case is made out against the accused or not.."A close scrutiny of the material placed before the Court would clearly show that the main accusation against the Appellant is that he paid levy / extortion amount to the terrorist organization. Payment of extortion money does not amount to terror funding," the Supreme Court held..The top court further noted that from supplementary charge-sheet and the other material on record, other accused who are members of the terrorist organization have been systematically collecting extortion amounts from businessmen in Amrapali and Magadh areas..The Court also held that prima facie it cannot be said that the appellant conspired with the other members of the TPC and raised funds to promote the organization..The Ranchi trial court had earlier dismissed his application for bail which was confirmed by the Jharkhand High Court. The Supreme Court set aside the High Court order stating that prima facie the bench was "not satisfied that a case of conspiracy has been made out at this stage only on the ground that the appellant met the members of the organization.".Further, an amount of close to ₹10 lakh was recovered from his residence which NIA contended to be kickback for the activities he colluded with the terrorist gang for.However the Supreme Court held that it does not "agree with the prosecution that the amount is terror fund."."At this stage, it cannot be said that the amount seized from the Appellant is proceeds from terrorist activity. There is no allegation that Appellant was receiving any money," the top court concluded..[Read Judgment]