Overview

• A bench of Justices Surya Kant and Joymalya Bagchi disposed of Saquib Nachan’s petition against February 2015 and June 2018 UAPA notifications that declared ISIS and its aliases as terrorist organisations.
• The court ruled that expressions such as 'caliphate' and 'jihad' in the notifications pertain solely to terrorist activity and do not invoke broader religious or scriptural meanings.
• Senior advocate Mukta Gupta, acting as amicus curiae, pointed out that Section 35 of the UAPA lacks a statutory tribunal for reviewing terrorist listings, a gap the justices acknowledged.
• The justices advised that individuals seeking relief from UAPA designations should apply for bail or other remedies before appropriate criminal forums rather than pursue constitutional challenges.
• Nachan, arrested by the NIA in December 2023 over alleged ISIS links, died of a brain haemorrhage in June 2025, leaving his legal challenge unresolved.