The Bombay High Court recently stated that the Hindu organization Sanatan Sanstha is not a prohibited or terrorist organization under the Unlawful Activities (Prevention) Act (UAPA), but rather a spiritual organization that teaches dharma, spirituality, and religion.
A division bench comprised of Justice Sunil Shukre and Justice Kamal Khata granted bail to one Vijay Lodhi who was charged under the UAPA, and overturned a special court order that had rejected Lodhi’s bail application.
The bench stated that one of the “interesting aspects” of the special court order was that Lodhi was accused of working for an organization that had not been banned by the Central government under the UAPA.
“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 bench noted.
It also stated that the organization was a registered charitable trust that aimed to instill spiritual knowledge and religious behavior in the general public.
Lodhi was arrested by the Maharashtra Anti-Terrorist Squad (ATS) for allegedly collecting or preparing and storing explosives and fire arms for the organization in his home. The accused was a member of an organization whose goal was to form a ‘Hindu Rashtra,’ which was to be accomplished through a conspiracy that meant to:
- organise training camps for handling explosions, use of fire arms;
- destabilise the country and destroy sovereignty;
- prohibit film screenings and the hosting of western cultural programs.
Lodhi, according to ATS, was an active member of the organization and was involved in the conspiracy.
Lodhi refuted the claims and maintained that there was no proof linking him to the purported conspiracy.
He further stated that the bombs supposedly seized from him were really recovered from his ancestral house and could not be connected to him.
The division bench found no prima facie evidence linking Lodhi to the recovery of the three rudimentary explosives.
“Admittedly, this residence, which was subjected to a police search, is not owned by the appellant and is alleged to be the appellant’s ancestral home.” Then, unless the possibility of ownership of the goods discovered during the house search by others is ruled out, such recovery cannot be ascribed to the accused,” the Court said.
It also discovered no physical proof of training camps visited by the suspect.
Therefore, the bench quashed and set aside the trial court order, concluding that it was erroneous, and ordered that Lodhi be released on bail. Lodhi was ordered to post a $50,000 bail bond with one surety.
