IMPORTANT POINT
The prosecution must establish that an organization is declared unlawful under UAPA for charges related to membership or support to be valid.

JUDGMENT :

G. GIRISH, J.

1. Both these appeals are filed against the judgment dated 29.04.2017 of the Special Court for NIA Cases, Ernakulam in S.C. No. 2/2015 NIA. The accused Nos. 1 to 4 are the appellants in Crl. Appeal No. 443/2017, and the 5th accused is the appellant in Crl. Appeal No. 433/2017. The Special Court had found all the appellants guilty of commission of offence under Sections 10, 13, 38 and 39 of the Unlawful Activities (Prevention) Act, 1967 and convicted them thereunder. They were sentenced to undergo rigorous imprisonment for one year and fine Rs.2,000/- under Section 10, rigorous imprisonment for three years and fine Rs.3,000/- under Section 13, rigorous imprisonment for three years under section 38 and rigorous imprisonment for three years under section 39 of the Unlawful Activities (Prevention) Act, 1967. Aggrieved by the aforesaid conviction and sentence, the appellants are before this Court with these appeals.

The Prosecution Case

2. Accused Nos.1 to 5 are activists of a terrorist outfit by name RDF which is a frontal organisation of CPI (Maoist). They organised a meeting in a lodge room at Mavelikkara on 29.12.2012 for the formation and commencement of activities of the students’ wing of the above organisation. The objective for the formation of the students’ organisation of RDF in the aforesaid meeting was for questioning and disrupting the sovereignty and territorial integrity of India and to cause disaffection towards the Government of India. The 1st accused enticed PW3 and PW4, the minor girl children of Maoist leaders Roopesh and Shyna, and brought them to the above lodge room on 29.12.2012 for the said meeting. Thus the 1st accused committed the offence under sections 363, 120(B) and 124A of the Indian Penal Code and Sections 10, 13, 38 and 39 of the Unlawful Activities (Prevention) Act, 1967. The accused Nos.2 to 5 committed the offence punishable under Sections 120(B) and 124A of the Indian Penal Code, and Sections 10, 13, 38 and 39 of the Unlawful Activities (Prevention) Act, 1967.

Detection of the offence

3. Upon getting secret information about the meeting organised by RDF in Room No. 17 of Cherumadom Lodge, Mavelikkara, the Additional Sub Inspector of Police, Mavelikkara Mr. K.Y. Damien along with C.P.O Baiju (PW25), C.P.O Anilkumar (CW4) and W.P.C Seema (CW6) went to that lodge room at about 12.50 p.m on 29.12.2012 and found the accused Nos.1 to 4, PW1 (accused turned approver), PW3 and PW4 engaged in a meeting there. Upon searching the bag of the 1st accused, the police recovered Ext.P2, the copy of the manifesto of RDF. Ext.P1 note book containing the page Ext.P1(a) stating the names of the participants of that meeting of ‘students’ coalition’ presided over by the 1st accused, was recovered from the bag of PW1. The accused Nos.1 to 4 and PW1 were arrested and taken into custody. PW3 and PW4 were taken to a shelter home and later on released to the custody of their grandmother (PW10).

Investigation by Kerala Police

4. Within a couple of weeks after the detection of the crime, the Additional Sub Inspector Mr. K.Y. Damien who detected the offence, is said to have committed suicide. The investigation was thus taken over by PW44, the C.I of Police, Mavelikkara who arraigned Ajayakumar as the 5th accused and incorporated the offences under Section 109 I.P.C and Sections 18, 18B and Section 20 read with Section 30 of the Unlawful Activities (Prevention) Act, 1967 (for short referred as ‘UAPA’ hereafter). Later on, the investigation was taken over by PW40, the Dy.S.P, Chengannur who arrested accused No. 5 on 18.12.2013 and conducted a search at the house of the 5th accused leading to the seizure of numerous documents and material objects relating to the activities of RDF. Following the investigation of PW40, the Deputy Superintendents of Police Mr. D. Mohanan and Mr. Prasannan Nair also conducted the investigation.

Investigation by National Investigating Agency and filing of final report

5. Taking into