"Any trust, whether registered or unregistered, cannot be allowed to carry out terrorist activities,” the Bombay High Court said.
"Any trust, whether registered or unregistered, cannot be allowed to carry out terrorist activities,” the Bombay High Court said while directing the state government to inform it as to what action it had or proposed to take against Abhinav Bharat, a trust registered under the Public Charitable Trust Act, whose trustees are alleged to have been carrying out terror activities and are arrested for their roles in the 2008 Malegaon Bomb blast case.
Division bench of Justice DD Sinha and Justice VK Tahilramani said “If someone carries terrorist activities then it should be shut down.” The observations were made by the court during the hearing of a plea made by another trust Abhinav Bharat which claimed to be into medical facilities and promoting sports like hockey.
The trust, which has been registered in 2002, claimed that the charity commissioner should de-register the other Abhinav Bharat trust whose members are alleged to be involved in terror activities.
The petitioner trust also prayed that the charity commissioner should either de-register the Pune trust or remove its trustees which are arrested for terror activities.
The state government should administer the trust instead of allowing it to function on its own.
The bench though said that “There are no provisions in law prohibiting two different trusts from having the same name. However, if the objectives of a trust are against public policy then it needs to be de-registered.”
The petitioner trust also relied on a proposal sent by Maharashtra Anti-Terrorist Squad sent to the State Home Department for banning the outfit Abhinav Bharat. It also relied on questions raised in the Parliament and replies of the Union Home Department to them.
The bench then observed “As there are no provisions in the law to prohibit a trust from having a particular name. Thus we pass no order on the issue raised before us. Still since this matter pertains to national security which has come to light before us we direct the state to file an affidavit explaining the steps taken by it.” The state government sought time for four weeks to file their reply.
Sadhvi Pragya Singh Thakhur and others have been arrested for their role in the 2008, Malegaon Bomb blast case.
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