A bench of Chief Justice of India DY Chandrachud and Justice Hima Kohli issued notice to Saleem Khan and sought a response in four weeks.
The Karnataka High Court in April granted bail to Saleem Khan, an alleged member of the Al-Hind Group which is allegedly reported to be involved in terrorist activities.
It had granted bail to Khan charged in 2020 with terror offences under the UAPA on the ground that the group he was associated with was not a banned organisation.
The Central government has challenged the High Court verdict in the Supreme Court.
It had ruled that attending jihadi meetings, purchasing training materials, and organising training shelters for members of an organisation which is not banned by the government under the Unlawful Activities (Prevention) Act (UAPA), will not amount to “terrorist act” under Section 2(k) of UAPA.
Granting bail to Khan, the High Court had said, “Mere attending meetings and becoming member of Al-Hind Group, which is not a banned organisation, as contemplated under the Schedule of UA(P) Act, and attending jihadi meetings, purchasing training materials and organising shelters for co-members is not an offence as contemplated under the provisions of Section 2(k) or Section 2(m) of UA(P) Act.”
However, in the same case, it refused to grant bail to Mohd Zaid saying that he had been an “active participant” in an offence, as a member of a terrorist gang, which was linked to ISIS.