A division bench of Justice Sunil B Shukre and Justice Kamal Khata recently granted bail to a person while observing that ‘Sanatan Sanstha’ is not a banned or terrorist organisation, or a frontal organisation of any banned terrorist group within the meaning and contemplation of the Unlawful Activities (Prevention) Act, 2004.
The high court was hearing an appeal filed by the accused against the order of the Special Court denying bail to him. The appellant was arrested by the Maharashtra Anti Terrorism Squad (ATS) for allegedly preparing and storing explosives and firearms in his own house for the organisation.
The allegation was that the appellant was an active member of the organisation Sanatan Sanstha whose objective is to form a ‘Hindu Rashtra’ by secretly forming a terrorist gang within Maharashtra and adjoining states. It was further alleged that in order to achieve the objective of Sanatan Sanstha, the accused persons, including the appellant, collected or prepared crude bombs and stored explosives and firearms.
Further, it was alleged that certain camps were organised in order to provide training to the members of Sanatan Sanstha in the handling of explosives and the use of firearms and the appellant was its beneficiary.
One of the contentions was also that the objective of members of Sanatan Sanstha was to prevent the screening of films, holding of Western cultural programmes, and organising such events as the Sunburn Festival and other similar functions, which were perceived by Sanatan Sanstha to be against the tenets of Hinduism and ideology followed by the organisation.
The counsel for the petitioner argued that there was absolutely no evidence collected by the police order to show any connection whatsoever of the appellant with the alleged conspiracy. He further submitted that there was no evidence to show that the recovery of crude bombs made from the ancestral house of the appellant was prima facie attributable to him.
The Additional Public Prosecutor argued that there was some evidence showing that the appellant was a member of Sanatan Sanstha, whose aims and objectives were not conducive to the maintenance of the integrity and sovereignty of India.
He further contended that during a search, three crude bombs were recovered from the house of the appellant and, therefore, it can not be said that there is no prima facie evidence connecting the appellants to the conspiracy theory propounded by the prosecution in this case.
The high court while rejecting the contention of the state and granting bail to the accused observed, “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. In fact, the official website of ‘Sanatan Sanstha’ shows that it is a registered charitable trust and its aim is to impart spiritual knowledge to the curious in the society, inculcate religious behavior in the masses and providing personal guidance to seekers for their spiritual upliftment. Official website also throws light upon the activities of ‘Sanatan Sanstha’.”
Further, the high court also observed that the initiative taken by the organisation was for spreading spirituality in society.
“These activities include such initiatives as are taken for spreading of spirituality in the society, organizing free of charge lectures and guidance camps on various aspects of spirituality and for initiating interested into spiritual endeavours, holding weekly Satsangs in local languages, guiding about the spiritual science, organizing ‘Bal Sanskar Varg / Moral Education Class for children, conducting education on dharma/righteousness and so on,” the order stated.
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