There was no intention to move the aircraft
The court review focused on whether the actions of the 19-year-old young man, a dual Indian-British passport holder, could be treated as a crime. The judge concluded that, under Article 561 of the Criminal Code, the conduct did not meet the elements of an offense. The defendant reportedly sent a message in a private Snapchat group, shared among six traveling companions, including a photo of himself and a note in English: “On my way to fly the plane (I am a member of the Taliban).” The court noted this message arrived amid a private circle and was not broadcast publicly.
The incident occurred while the aircraft was passing over French airspace, prompting notification to Spanish authorities and the deployment of a Eurofighter escort. After landing, the aircraft and its passengers were isolated while authorities checked for any real threat, ultimately finding no explosives and no object suggesting danger.
The judge explained that the actions did not give rise to a crime, since there was no intent to mobilize military or rescue resources. The judge acknowledged that the message could have drawn a police response if it had been public, but emphasized that the communication remained private, limited to a small group of friends who were travelling together, with no awareness that British security services or others might intercept it.
The origin of how the British services learned of the photo and message was not established in the trial record. The court stressed that there was no evidence showing an intent to provoke any official mobilization.
Regarding the possibility that a private friend disclosed the content, the judge observed that even without public disclosure, it would still be a crime only if a third party made the information public. In such a scenario, the responsibility would not fall on the defendant.