V. Ramkumar, J.

In this Crl. Miscellaneous Case filed under Sec. 482 Cr.P.C. the petitioners who are accused Nos.1, 3, 4 & 9 in Sessions Case No. 2 of 2010 (NIA) on the file of the Special Court for the Trial of N.I.A. Cases, Kerala at Ernakulam (hereinafter referred to as “the Special Court” for short), challenge Annexure – C order dated 8-7-2011 passed by the Special Court. As per the said order, the Special Court dismissed their application filed as Crl.M.P. 135 of 2011 (Annexure – IV) seeking to cancel Annexure – III order dated 2-09-2010 of the Special Court tendering pardon to the approver, Shammi Firoz who was originally A7 and who was subsequently examined in the case as P.W.1.

2. A chronological narration of the facts leading to the impugned order is as follows:- 03/03/2006 - Infuriated by the attitude of the officials including the Executive and the Judiciary in not granting bail to the Muslim accused persons involved in the Marad carnage case the nine accused persons hatched a criminal conspiracy to make, plant and explode bombs in the K.S.R.T.C. Bus stand and the Moffusil Bus stand in Kozhikode city and they thereby committed offences punishable under Sections 120 B, 124 – A, 153 A and 324 read with Sec. 34 I.P.C. and Sections 16 (1) (b), 18 and 23 of the Unlawful Activities (Prevention) Act, 1967 and Sec. 3 of the Explosive Substances Act, 1908. Two cases were registered as Crime Nos. 80 of 2006 and 81 of 2006 of Kasaba and Nadakkavu Police Stations, Kozhikode. 13-06-2006 - The investigation of the two cases was transferred from the local police to the CBCID SIG-III, Kozhikode. 01-12-2009 - The Government of India entrusted the investigation of the case with the National Investigation Agency (“N.I.A”. for short). 04-12-2009 - The aforesaid two crimes were re-registered as Crime Nos.5 of 2009 and 6 of 2009 of N.I.A., New Delhi. 19-03-2010 - A7 Shammi Firoz was arrested by the N.I.A. 20-03-2010 - Shammi Firoz was produced before the Special Court for the trial in N.I.A. Crime No.5 of 2009. On that day he made Annexure A written request (registered as Crl.M.P. 437/10) expressing his willingness to turn an approver and make a full and true disclosure of the entire circumstances of the case within his knowledge. 25-03-2010 - The Superintendent of Police, N.I.A. filed Annexure – I petition (registered as Crl.M.P. 436/10) to record the statement of Shammi Firoz under Sec.164 Cr.P.C. since he had expressed his willingness to disclose the entire circumstances of the case invoking himself and others. (This petition was field since the police alone could sponsor an accused to be an approver). 30-03-2010 - The Special Court allowed Crl.M.P. 436/10. 31-03-2010 - On the direction of the Special Court, the Judicial Magistrate of First Class, I, Ernakulam recorded the statement of Shammi Firoz under Sec. 164 Cr.P.C. and Shammi Firoz accepted the tender of pardon by expressing the willingness to make a full and true disclosure of the entire circumstance of the case within his knowledge. 14-06-2010 - The Superintendent of Police, N.I.A. who is the Chief Investigating Officer filed Annexure-II Petition (Registered as 735/10) to treat A7 (Shammi Firoz) as an approver and tender him pardon. 02/08/2010 - The NIA field charge-sheet against 8 accused persons after deleting A5. A6 was killed in an encounter at Jammu & Kashmir. A2 and A8 are absconding. A3 was granted bail. Others are in judicial custody. 02/09/2010 - Shammi Foriz also filed Annexure – B petition (registered as Crl.M.P. 1056/10) to tender him pardon since he had already expressed his willingness to disclose the entire facts and circumstances in his statement recorded Sec. 164 Cr.P.C. by the Magistrate. 02/09/2010 - Special Court allowed Crl.M.P. 735/2010 as per Annexure III order his which the Court inter alia observed as follows:- “Direct evidence may not be plentiful. In the very nature of the case approver’s evidence, if available, will be