A SPECIAL court recently directed the Ministry of Home Affairs to produce a file related to the grant of sanction to prosecute Areeb Majeed, who had allegedly traveled to Iraq and Syria to join the Islamic State in 2014. The sanctioning authority, who had issued the sanction to prosecute Majeed under the Unlawful Activities (Prevention) Act, is currently deposing in the case as the 67th witness. The court also said Majeed will not be able to go through the documents as they are 'privileged communication' between the witness and higher authorities. Majeed had recently filed a plea seeking that the sanction file be produced before court and shown to the witness to refresh his memory during his deposition. Majeed had submitted that the sanctioning authority, during his testimony, had said that he would not be able to give the names of witnesses, who had stated about Majeed's involvement in terrorist activities, without perusing the sanction file. Majeed, who appeared in person, had submitted that it has to be ascertained that the witness (sanctioning authority), who had to review the evidence before him before granting sanction to prosecute him under UAPA, had applied his mind while making the decision. The National Investigation Agency (NIA) opposed Majeed's plea stating that it was to delay the trial and the file was part of 'privileged communication' which he cannot be given access to. For a decision on whether sanction can be granted, the investigating agency is required to submit all the relevant records to the authority. The authority has to do a complete scrutiny, apply his independent mind and decide whether to grant sanction or not, "strictly keeping in mind the public interest and protection available to the accused against whom the sanction is sought," the court said.
