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The Gauhati High Court on Monday refused to quash the First Information Report lodged against one Md. Taher Ahmed Barbhuiya over his Facebook post glorifying ‘Tehreek-e-Taliban’. Allegedly, in August last year, on his Facebook wall, Taher had posted "Ek Itihash Srishti Holo, Taliban Jindabad" (A history has been created, long live Taliban).

Rejecting the argument raised by Taher's counsel that Section 39 of the Unlawful Activities (Prevention) Act 1967 had wrongly been invoked against Taher, the bench of Justice Robin Phukan held, 

"The assertions made in the FIR, in fact, disclose commission of a cognizable offence...It cannot be said that the action incorporated in Clause (a), (b), and (c) of Sub-Section (1) of Section 39 of the Unlawful Activities (Prevention) Act is not done with the intention to further the activities of terrorist organization."

Further stressing that it appears from the FIR that Taher had eulogized ‘Tehreek-e-Taliban’ by his social media post, Court noted, "No doubt the said organization has no foothold or presence in India. But, they have targeted Indian citizens through violent means; committed atrocities against women & girls and provided patronage to drug trafficking and have been promoting terrorism from Afghanistan."

"They have also forged alliance with groups, states and interests which are bent on creating chaos and committing terrorist attack in India in order to destabilize our country," Court added.

Therefore, highlighting that the FIR further reflected that Taher circulated such toxic statements with intent to incite a community to commit offence against other class or communities, Court concluded that Taher's plea had no merit. 

Lastly, pointing out the Additional Public Prosecutor's argument that Taher's intention could be gathered from his previous conduct and against him four cases of similar nature are already pending in different Police Stations, Court dismissed Taher's plea to quash the FIR in the instant case. 

Taher had moved the high court while the investigation in the instant case registered under Sections 120 (B)/153(A)/505(1)(c)/ 505(2) of the Indian Penal Code read with Section 39 of the UAPA was in progress. He had filed the instant petition alleging that he had not posted any incriminating message in his Facebook account as alleged in the FIR, rather he had written a Facebook post criticizing the then situations in Afghanistan. He had also alleged that he had actually criticized the Taliban and applauded the American soldier for the rescue mission. 

Case Title: Md. Taher Ahmed Barbhuiya v. The State of Assam and Ors.