Sanatan Sanstha not terrorist organisation under UAPA but a spiritual body imparting education on dharma: Bombay High Court

Hindu organisation Sanatan Sanstha is not a banned or terrorist organisation under the Unlawful Activities (Prevention) Act (UAPA) but a spiritual organisation imparting education on dharma, spirituality and religion, the Bombay High Court recently said [Liladhar @ Vijay Lodhi v. State]..A division bench of Justices Sunil Shukre and Kamal Khata, therefore, granted bail to one Vijay Lodhi accused under the UAPA, and set aside a special court order which had rejected the bail plea of Lodhi.The High Court said that one of the ‘intriguing parts’ of the special court order was that Lodhi had been accused of being working for an organisation which had not been banned under the UAPA by the Central government.“The most intriguing part of this case is that ‘Sanatan Sanstha’ is an organization which has not been declared to be a banned or terrorist organization or a frontal organization of any banned terrorist group within the meaning and contemplation of Unlawful Activities (Prevention) Act, 2004,” the Court observed. It also added that the organization was a registered charitable trust which aimed to impart spiritual knowledge and inculcate religious behaviour in the masses."In fact, the official website of ‘Sanatan Sanstha’ shows that it is a registered charitable trust and its aim is to impart spiritual knowledge to the curious in the society, inculcate religious behavior in the masses and providing personal guidance to seekers for their spiritual upliftment. Official website also throws light upon the activities of ‘Sanatan Sanstha’. These activities include such initiatives as are taken for spreading of spirituality in the society, organizing free of charge lectures and guidance camps on various aspects of spirituality and for initiating interested into spiritual endeavours, holding weekly Satsangs in local languages, guiding about the spiritual science, organizing ‘Bal Sanskar Varg / Moral Education Class for children, conducting education on dharma/righteousness and so on," the Court said..Lodhi had been arrested by the Maharashtra Anti-Terrorist Squad (ATS) for allegedly collecting or preparing and storing explosives and fire arms in his house for the the organisation. ATS alleged that the accused was a member of an organisation whose objectives was to form a ‘Hindu Rashtra’ and the same was sought to be achieved through a conspiracy which meant to:organise training camps for handling explosions, use of fire arms;destabilise the country and destroy sovereignty;prevent screening of movies and holding of western cultural programmes.ATS argued that Lodhi was an active member of the organisation and was involved in the conspiracy. .Lodhi denied the allegations and stated there was no evidence to show any connection between him and the alleged conspiracy.He added that the bombs that ATS allegedly recovered from him, were in fact recovered from his ancestral home, which could not be attributed to him..The Court found no prima facie evidence to attribute the recovery of the three crude bombs to Lodhi. “Admittedly, this house, which was subjected to search by the police, is not owned by the appellant and it is stated to be ancestral house of the appellant. Then such recovery cannot be attributed to the accused, unless possibility of ownership of the property found during house search by others is ruled out,” the Court held.It also did not find any physical evidence of existence of training camps visited by the accused.Concluding that the trial court order was erroneous, the High Court quashed and set it aside and ordered that Lodhi be released on bail. Lodhi was directed furnish bail bond of ₹50,000 with one surety..[Read Order]