Delhi HC says spreading radical ideology on social media is within the ambit of UAPA, denies bail to TRF terrorist

In a landmark ruling, the Delhi High Court has held that radicalising individuals via social media—even without committing a physical act of terror—falls within the ambit of the Unlawful Activities (Prevention) Act (UAPA). The court refused bail to Arsalan Feroze Ahenger, alleged terrorist of The Resistance Front (TRF), citing digital incitement and glorification of terrorism.

A bench comprising Justices Subramonium Prasad and Harish Vaidyanathan Shankar ruled that Section 18 of UAPA is broad enough to cover online advocacy and ideological dissemination. “It is not necessary that the action must be physical,” the court said, observing that Ahenger posted images of slain terrorists and incited youth toward extremist violence.

The NIA revealed that Ahenger was closely linked to TRF and Lashkar-e-Taiba member Mehran Yaseen Shalla, who was killed in a 2021 encounter. Ahenger allegedly created radical online groups like “Ansar Gazwat-ul-Hind,” using encrypted apps and multiple Gmail accounts to spread extremist propaganda.

The court found the digital trail compelling enough to deny bail, warning of evidence tampering and continued radical influence if released.