SC to Hear Plea Against IS Terror Ban

Why in the news?

The Supreme Court will hear a plea by terror convict Saquib Abdul Hamid Nachan challenging the constitutional validity of notifications declaring the Islamic State (IS) and its manifestations as banned terrorist organizations under UAPA.

SC to Hear Plea Against IS Terror Ban

Case Details

  • The Supreme Court will hear a petition in January by terror convict Saquib Abdul Hamid Nachan.
  • Nachan challenges the constitutional validity of notifications issued by the Ministry of Home Affairs (MHA) in 2015 and 2018.
  • These notifications declared the Islamic State (IS) and its manifestations as banned terrorist organizations under the Unlawful Activities (Prevention) Act (UAPA).

Petitioner’s Claims

  • Nachan, convicted in a case of three Mumbai bomb blasts, argues the ban violates Article 25 of the Constitution, which guarantees the right to practice religion.
  • He claims IS promotes certain terminologies from the Holy Quran and the Caliphate, which cannot be prohibited.
  • The petitioner, a commerce graduate, highlighted his legal knowledge, impressing the court with his ability to argue despite not holding a law degree.

Court’s Observations and Next Steps

  • A bench of Justices Surya Kant and Ujjal Bhuyan interacted with Nachan virtually from Tihar Jail.
  • The court appointed former Delhi High Court judge Mukta Gupta as amicus curiae to assist in the case.
  • Nachan was allowed to participate virtually in the next hearing on January 22 and supplement arguments if needed.
  • The bench emphasized the complexity of the legal issues and the need for expert assistance to resolve them.

    Sources Referred:

    PIB, The Hindu, Indian Express, Hindustan Times