Attacking police with petrol bottles amounts to 'Terrorist Act' under UAPA: Karnataka HC

In a significant development, the Karnataka High Court, on Monday, ruled that attacking police with petrol bottles amounts to a ‘terrorist act’ under the Unlawful Activities (Prevention) Act, 1967.

Commenting on the Bengaluru Riots of 2020, the Karnataka High Court stated that use of petrol bottles while attacking police personnel and police stations by accused persons during the Bengaluru Riots of 2020 would prima-facie constitute 'Terrorist Act' under Section 15 of Unlawful Activities (Prevention) Act, 1967.

A division bench of Justices K. Somashekar and Shivashankar Amarannavar dismissed the appeal filed by accused Ateeq Ahmed. Following the riots incident, the accused Ateeq Ahmed and others sought bail in the case registered by the National Investigation Agency (NIA).

The division bench of Justices K Somashekar and Shivashankar Amaranavar in Karnataka High Court said, “The overt acts would clearly indicate the actions of the accused persons in forming a violent mob in front of the police station, attacking police personnel using lethal weapons such as clubs, rods, usage of petrol bottles and indulging in arson indicates that entire action was done with an intention to strike terror at the public at large. The charge sheet material would also prima facie indicate presence of the appellants at the spot of incident at the time of committing offence.”

2020 Bengaluru Riots

An enraged mob resorted to arson and created a horrifying situation on the night of 11 August, 2020 in the area of D.G. Halli and K.G. Halli Police station limits. 

The brawl erupted after Naveen P, nephew of R. Akhanda Srinivas Murthy, Indian National Congress MLA from Pulakeshinagar, had allegedly posted a comment insulting Prophet Mohammad on his Facebook account. 

Following this, advocate Mohammed Tahir appeared for appellants and said that statement of certain witnesses found in the charge sheet filed by NIA is not validated by the very same witnesses who have given statements before CCB as a part of chargesheets filed against other accused persons. 

He further said that there is no terrorist act attributable to the appellants as the available evidence does not tender to establish any active participation on the scene of riots. 

Meanwhile, Special Public Prosecutor P. Prasanna Kumar said that actions of the appellants qualify as 'terrorist act' under Section 15(1)(a)(ii) & (iv) of the UAPA since their actions of using highly inflammable substances to cause large destruction of property reflected an "intent to strike terror among the people or section of the people".