AHMED MANSOOR Vs. STATE

JUDGEMENT

(1.) W.M.P.No.18741 of 2024 seeking to permit the petitioners to file a single writ petition stands allowed.

(2.) The present writ of declaration has been instituted to declare the arrest and the subsequent remand dtd. 23/5/2024 of the petitioners in connection with Crime No.173 of 2024 on the file of the first respondent as illegal, unconstitutional and violative of the legal proposition laid down by the Hon'ble Apex Court in Prabir Purkayastha vs State (NCT Delhi) 2024 INSC 414 and to release the petitioners from the custody in connection with Crime No.173 of 2024.

(3.) The first respondent registered a First Information Report in Crime No.173 of 2024 on 21/5/2024 against the second petitioner for the alleged offence under Ss. 34, 153B of Indian Penal Code and Sec. 13 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as "the UAPA"). It is alleged that the second petitioner is the leader of Hizb-ut- Tahrir (HuT) organisation, which is banned in several countries across the world. The police claim that through his YouTube channel, "Dr.Hameed Hussain Talks", the second petitioner incites young Islamists to secretly implement Islamic rule to overthrow the democratic government in India.