Assam: Gauhati HC denies bail to accused providing SIM card to illegal Bangladeshi national

Guwahati: The Gauhati High Court on May 12 ruled that giving a SIM card to an illegal Bangladeshi person for use in anti-national or terrorist acts was the same as giving them “logistics support” to do so in India. A defendant who was charged under the Unlawful Activities Prevention Act (UAPA) and sections 121, 121A, 120B, and 124A of the Indian Penal Code was denied bail by Justice Kalyan Rai Surana.

The court ruled that Section 10 of the Evidence Act of 1872 and Illustration (b) of the Act’s annexes would apply to the accused’s activities. According to the court, giving a SIM card to a Bangladeshi national who is not authorised to have one in order to engage in terrorism is a serious offence that can result in a sentence of imprisonment ranging from five years to life.

The defence of the accused contended that he had given the SIM card to a different co-accused person in good faith without knowing that he was engaged in any terrorist activity. The primary suspect in the case allegedly crossed the border illegally into India in order to set up sleeper cells in Assam and had ties to Al Qaeda in the Indian subcontinent.

The court, observing that the trial court had already charged six accused under Section 121A IPC read with Section 18/20 of the UAPA and taken cognizance of the offences, dismissed the accused’s application for bail. The petitioner was refused bail because there were prima facie elements against him for committing the offences alleged under Chapters IV and VI of the UAPA, but two of the six accused were released by the trial court.