High Court Upholds UAPA Charges in Extremism Funding Case
The Karnataka High Court has decided to uphold charges under the Unlawful Activities (Prevention) Act (UAPA) against six individuals linked to a U.S.-based Christian missionary group, The Timothy Initiative (TTI). The allegations suggest that these individuals facilitated the illegal routing of foreign funds into India, purportedly to support left-wing extremism. This decision was rendered by Justice M Nagaprasanna, who emphasized the necessity for a comprehensive investigation into the serious allegations of terror financing and threats to national security.
In the case of Micah Mark & Ors. v State of Karnataka & Anr., the court dismissed requests to quash the First Information Report (FIR) filed by Karnataka Police. The FIR was initiated based on information from the Enforcement Directorate (ED), which detailed suspected activities that could undermine India’s national security. Justice Nagaprasanna remarked, “National security is the invisible architecture upon which the sovereignty, stability, and constitutional order of a nation rest. One of the gravest threats to national security in the present times is the clandestine funding of extremism.”
The accused face charges under the Bharatiya Nyaya Sanhita (BNS) for criminal conspiracy, cheating, forgery, and destruction of evidence, as well as Sections 13, 17, and 18 of the UAPA concerning unlawful activities, raising funds for terrorist acts, and conspiracy to commit or facilitate terrorist acts.
The controversy began when one of the accused, Micah Mark, was detained at Bengaluru’s Kempegowda International Airport carrying 24 international debit cards. Subsequent investigations under the Foreign Exchange Management Act (FEMA) revealed a complex network allegedly used to withdraw foreign funds across India using these cards. The ED asserts that approximately ₹92.55 crore was withdrawn between November 2025 and April 2026, with additional withdrawals of around ₹40 crore traced to states such as Chhattisgarh and Assam.
It is alleged that the debit cards were issued under the name “Santosh Kumar” to obscure the identities of the actual users and circumvent Know Your Customer (KYC) protocols. The funds, according to the ED, were funneled through TTI’s Indian network and withdrawn in regions affected by left-wing extremism, prompting collaboration with Karnataka Police.
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The petitioners, represented by Senior Advocates MS Shyam Sundar and S Basavaraj, argued against the ED’s involvement, stating that it exceeded its jurisdiction by initiating a UAPA FIR. They claimed that the ED should confine its activities to proceedings under FEMA and the Prevention of Money Laundering Act (PMLA). However, the High Court rejected these arguments, noting that Section 66(2) of the PMLA allows the ED to share information concerning violations of other laws with relevant agencies.
The court observed that the ED’s communication contained detailed allegations about the flow of foreign funds and their alleged use in extremism-affected areas. It emphasized that the purpose of reviewing a plea to quash an FIR is not to determine guilt but to assess whether there is sufficient prima facie evidence to warrant an investigation.
The court concluded, “The danger of extremist financing lies not merely in the money transferred, but in the consequences it unleashes. Left unchecked, such funding can transform ideological extremism into organized violence, threatening national unity and public safety.” This underscores the need for vigilant oversight of financial channels that could sustain extremism.
The State was represented by State Public Prosecutor BN Jagadeesha, with Special Public Prosecutor Madhu N Rao appearing for the ED.
