ISIS is a terrorist organization: Supreme Court

The Supreme Court today refused a petition challenging the government notifications declaring the ISIS and similar other groups as terrorist organization.

Saquib Nachan who was at the helm of the 2002-2003 serial blasts at Mumbai, had approached the Supreme Court of India with a plea for ISIS (Islamic state of Iraq and Syria).

Nachan who is lodged in Tihar Jail and is under judicial custody, appeared virtually before court for his petition. He filed the instant writ petition seeking a declaration that two notifications issued by the government, being S.O. 534(E) dated 16.02.2015 and S.O. 2947(E) dated 19.06.2018 were manifestly arbitrary and ultra vires Article 25 of the Constitution of India.

By way of the impugned notifications, Union of India had declared Islamic State/Islamic State of Iraq and Levant/Islamic State of Iraq and Syria/Daish/Islamic State in Khorasan Province/ISIS Wilayat Khorasan/Islamic State of Iraq and the Sham-Khorasan and all its manifestation as ‘terrorist organisation’ and enlisted the same in the First Schedule of the UAPA.

Nachan's objection was regarding ‘targeting’ of certain ideologies and terminologies of the Holy Quran and Caliphate. Having regard to complex legal issues involved in the matter, Nachan had agreed to the appointment of an ‘amicus curiae’ for the assistance of the Court and consequently Justice (Retd.) Mukta Gupta, Senior Advocate was appointed as amicus curiae in December 2024.

Earlier, Justice Kant had adviced Nachan to avail services of the amicus. "You can appear online from jail...If you want to add something, we will allow you..", the bench had told him.

Gupta told the top court today that the two impugned notifications violated the petitioner’s fundamental right under Article 25 by misinterpreting terms like “caliphate” and “jihad” and equating them with terrorism. Court observed that such terms used in the notification had to be interpreted in the context of the alleged terrorist activity.

Nachan has been in custody after being arrested by National Investigation Agency (‘NIA’) in case under Sections 120B, 201 & 387 of the Indian Penal Code, 1860 r/w Sections 13, 18, 18A, 18 B, 20, 38, 39 & 40 of Unlawful Activities (Prevention) Act, 1967.

NIA in 2023 claimed Nachan to be the main accused and head of the ISIS module. He is said to be the one who administered ‘bayath’ or ‘oath of allegiance to the Khalifa of ISIS’ to the youth joining the terror organisation. For the Mumbai Blasts, Nachan was finally convicted in March 2016. He spent less than 2 years before being freed in November 2017 on account of being ‘disciplined’ in jail. Nachan has been involved in terror activities since 1991, he has also been accused of fighting alongside other Mujahideen during the Afghan Jihad and sending Indian Muslims to receive training in terrorism from Pakistan.

Case Title: SAQUIB ABDUL HAMID NACHAN vs. UNION OF INDIA   

Order Date: August 5, 2025

Bench: Justices Kant and Bagchi