A court in Cuttack, Odisha has acquitted Abdur Raheman Khan, who spent years facing terrorism charges under the Unlawful Activities Prevention Act (UAPA), with the judge declaring there was "not a scrap of convincing evidence" to support the prosecution's case.
The judgment, delivered by Additional District Judge Arindam Das, sharply criticized investigative agencies for bringing charges based on insufficient evidence and highlighted concerns about the misuse of anti-terror laws to detain individuals without adequate legal foundation.
Khan was arrested in 2019 and charged with raising funds for Al Qaeda and its Indian affiliate, Al Qaeda in the Indian Subcontinent (AQIS). According to the prosecution, he was involved in radicalizing youth and channeling money to terrorist organizations. The charges, filed under UAPA's stringent provisions, carried potential life imprisonment if convicted.
However, after examining the evidence presented over several years of trial, Judge Das found the prosecution's case fundamentally flawed. The court noted that investigators relied heavily on circumstantial evidence, unverified phone records, and testimonies from witnesses who later contradicted their own statements. No direct evidence of terrorist activity, fund transfers to proscribed organizations, or participation in violent planning was established.
"The investigating agency has failed to prove beyond reasonable doubt that the accused was involved in any unlawful activity," the judgment stated. "The entire case appears to have been built on suspicion rather than concrete evidence."
In India, as across the subcontinent, scale and diversity make simple narratives impossible—and fascinating. Khan's acquittal is not an isolated incident but part of a disturbing pattern in India's use of anti-terror legislation—particularly UAPA—where conviction rates remain below 30% even as the law grants authorities sweeping powers to arrest and detain.
The Unlawful Activities Prevention Act, amended multiple times since its original enactment, allows police to detain suspects for up to 180 days without filing charges. Bail is extremely difficult to obtain—courts are prohibited from granting bail if there are to believe the accusations are true, a standard that puts the burden on the accused rather than the prosecution. Legal experts note that this effectively means , with individuals spending years in pre-trial detention even in cases where evidence is weak.
