Two ‘mates’ get bail as Dawood ‘terrorist in individual capacity’

Mumbai, July 20

The Bombay High Court has said fugitive gangster Dawood Ibrahim has been declared a terrorist in his individual capacity under Unlawful Activities Prevention Act (UAPA) and, hence, any association with him or his gang would not attract provisions of the stringent law.

A Division Bench in an order of July 11, details of which were made available on Friday, granted bail to two persons held by the Maharashtra ATS in August 2022.

The ATS had claimed Faiz Bhiwandiwala and Parvez Vaid, were members of Dawood Ibrahim’s gang.

In its judgment, the HC said the Union Government had issued a notification on September 4, 2019, notifying “Dawood Ibrahim Kaskar as a ‘terrorist’ under the UAPA”.

The Bench said UAPA has segregated the activities of an individual, which would amount to a terrorist act on one hand, and the activities by the terrorist gang and terrorist organisation on the other.

“In our view, prima facie, the offence of Section 20 of the UAPA (being member of a terrorist organisation) would not be attracted, as Dawood Ibrahim has been declared as a terrorist in individual capacity,” the court said.