UNION OF INDIA Vs. MOHAMMED IQBAL

JUDGEMENT

(1.) Mohammed Iqbal @ Senthil Kumar, the respondent herein, is said to have posted certain offensive materials in his Facebook account denigrating Hindus and instigating Muslims to unleash violence against Hindus. The police took note of this and registered a case in Cl, Thideer Nagar P.S. Cr.No.971/2020 under Ss. 153-A, 153B, 505(l)(b), 505(l)(c) and 505(2) of IPC and Sec. 13(l)(b) of the Unlawful Activities (Prevention) Act, 1967 (for brevity "the UAP Act") against him on 1/12/2020 and arrested him the next day, i.e., 2/12/2020. Based on his confession, a mobile phone was seized and the same was sent to the Forensic Sciences Department for analysis.

(2.) On 20/4/2021, the Government of India entrusted the case to the NIA and accordingly, the NIA took over the investigation of the case from the State police on 26/4/2021 and re-registered the FIR as FIR No.RC-08/2021/NIA/DLI under the aforesaid provisions.

(3.) On 25/5/2021, the NIA received the forensic report from the Tamil Nadu Forensic Sciences Department and on perusal of it, it came to light that the seized mobile phone contained audio files/voice clips allegedly containing the voice of Mohammed Iqbal advocating re-establishment of the Islamic state caliphate or Khilafah and for implementing sharia globally. The voice clips also were found to contain speeches denigrating the judicial system in India and other democratic institutions.