The mere possession of “jihadi literature” is not a crime unless the idea propagated in it is used to execute terror acts, a National Investigation Agency court in Delhi has said, Bar and Bench reported on Wednesday.

“Such literature is not expressly or specifically banned under any provision of law, is not fathomable in law unless and until there is material about the execution of such philosophy so as to do terrorist acts,” Special Judge Dharmesh Sharma said in an order passed on October 30.

Holding someone guilty for just possessing a certain book would violate fundamental rights guaranteed under Article 19 of the Constitution, the judge said.

Justice Sharma made the observation while framing charges against 11 persons who were accused by the National Investigation Agency of being part of various propaganda channels of terrorist group ISIS and “propagating its violent jihadi ideology”, according to The Indian Express.

“Even if they were impressed by the said philosophy and ideology, still they cannot be said to be members ­much less such members as would attract the penal liability ­of the said organisation,” Justice Sharma said.

The accused were identified as Mushab Anwar, Rhees Rasheed, Mundadiguttu Sadanananda, Marla Deepthi, Mohd Waqar Lone, Mizha Siddeeque, Shifa Haris, Obaid Hamid Matta, Ammar Abdul Rahiman, Muzamil Hassan Bhat and Irshad Thekke Koleth.

They have been charged under Sections 120B (criminal Conspiracy) and 121A (waging war against the government of India) of the Indian Penal Code and several sections of the Unlawful Activities Prevention Act, according to Bar and Bench.

In its order, the court said there were no prima facie to charge the accused under Sections 121-A, but held that charges can be framed against eight persons under Section 120B and against one person under some sections of the UAPA.

The court in its order noted that Koleth had allegedly absconded to a foreign country, while Bhat was discharged of all charges.