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Sudesh Kedia v. Union of India

Criminal Appeal · 2021 INSC 245Decided 9 Apr 2021
Criminal Appeal Nos. 314-315 of 2021, arising out of SLP (Criminal) Nos. 6259-6260 of 2020
Justice L. Nageswara Rao · Justice S. Ravindra Bhat

Background

The appellant, a coal transporter, was arrested and charged, along with members of a terrorist outfit called Tritiya Prastuti Committee (TPC), under provisions of the IPC, the Unlawful Activities (Prevention) Act and the Arms Act, after investigators found he had paid levy/extortion money to TPC operatives and found about Rs. 9.95 lakh at his residence. Both the Special NIA Court and the Jharkhand High Court refused him bail, holding that his admitted payments and meetings with TPC members made out a prima facie case of terror funding under the strict bail conditions of Section 43-D(5) of the UAPA.

Decision Breakdown

The Supreme Court held that paying extortion money under compulsion to a terrorist organisation, to keep one's business running, is not the same as "raising funds" for that organisation within the meaning of Section 17 of the UAPA: there was no material to show the appellant conspired with TPC to promote its activities. The Court found his meetings with TPC members were explained as compliance with extortion demands rather than evidence of a conspiracy, and the cash recovered from his home was plausibly accounted for as funds withdrawn for business expenses, not terror-fund proceeds. Applying the prima facie test from NIA v. Zahoor Ahmad Shah Watali, the Court concluded no prima facie case was made out against the appellant, set aside the High Court's judgment, and directed that he be released on bail, clarifying its findings were limited to the bail stage and should not influence the trial.

Lesson Learnt

A victim who pays extortion money to a terrorist or criminal organisation under coercion, to keep a lawful business running, is not automatically guilty of "funding terrorism": courts deciding bail under strict laws like the UAPA must still distinguish coerced payment from voluntary support or conspiracy.

Official source (sci.gov.in)View Judgment (PDF)

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