Arif Majid can be prosecuted in India: Experts

ISIS recruit Arif Majid, who returned to India on Friday morning, can be prosecuted here, say legal experts. There were doubts in certain quarters whether he can be tried in India as he had done no terror activity here, or if at all he can be tried, under what Section.

Under what Section can Arif be tried?
Under Section 3 of the Indian Penal Code, says advocate Y P Singh. The probe agencies are empowered to prosecute one for offences committed even beyond India's borders. "However, since the prosecution needs to prove its case beyond reasonable doubt, as of now, the case against him looks weak," he said. According to Advocate Hiten Venegaonkar, he can also be prosecuted under IPC and Unlawful Activities (Prevention) Act.

Where's Arif now?
The Anti Terrorism Squad is interrogating him under Section 41 of the Criminal Procedure Code. This Section allows the police to detain a person if they find credible information, or reasonable suspicion, of his involvement in an activity that is punishable in India.

How can he be tried under IT Act?
For one, Majid's pictures were posted on social networking websites, allegedly by ISIS members. Advocates say the IT Act of 2000 empowers investigating agencies to probe and prosecute any form of online propaganda, which could lead to disharmony or affect the sovereignty of the state. However, whether the pictures were morphed or not should have to be checked, they said.

Can he be given immunity?
According to senior advocate Majid Memon, "It depends on whether he has come back for his betterment and whether he is a useful source." These things will have to be checked before prosecution.