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The Court said that if the police argument that "damaging" India’s honour and dignity would amount to a terrorist is accepted, it would literally amount to penalising any criticism of the government.
The Court said that even though the three accused are not shown to have been physically present at the time of the attack on Nettaru, no overt act is required to be done to constitute conspiracy.
The Court noted that there was no evidence of Gonsalves and Ferreira committing any terrorist act that would attract the stringent provisions against grant of bail under the UAPA.
The Court observed that the investigation established that the accused coordinated with the movements and activities of other accused, and was in constant touch with those who attacked police personnel.
The Karnataka High Court recently held that an individual can be prosecuted for a terrorist act under Unlawful Activities (Prevention) Act (UAPA), even though he/ she is not a member of any terrorist organisation.