IMPORTANT POINT
The requirement to communicate the grounds of arrest in writing is mandatory under Article 22(1) of the Constitution, and failure to do so renders the arrest illegal.

JUDGMENT :

Raja Vijayaraghavan, J.

The above appeal is preferred by the appellants who are the accused Nos. 62 and 63 in S.C.No.2/2023/NIA on the file of the Special Court for Trial of NIA Cases, Ernakulam. In the above case, they, along with the rest of the accused, stand indicted for having committed offences punishable under sections 120B, 34, 109, 115, 118, 119, 143, 144, 147, 148, 449, 153A, 341, 302, 201, 212 r/w.s. 149, 120B r/w.s. 302 of IPC, Section 3(a)(b)(d) r/w. Section 7 of the Religious Institutions (Prevention of Misuse) Act, 1988 and Sections 13, 16, 18, 18A, 18B, 20, 22C, 23, 38 & 39 of Unlawful Activities (Prevention) Act, 1967 and Section 25 (1) (a) of the Arms Act, 1959. By the order passed by the Special Court, the application for bail preferred by the appellants was dismissed.

1. The brief facts of the case are as follows:

1.1. The Central Government received credible and actionable intelligence indicating that the office bearers, members, and cadres of the Popular Front of India (PFI)—a registered society—and its affiliated organisations in Kerala had conspired to instigate communal violence and radicalise their cadres to commit terrorist acts in the State of Kerala and other parts of the country.

1.2 The intelligence further revealed that PFI members and office bearers based in Kerala, many of whom had earlier associations with the proscribed terrorist organisation SIMI (Students Islamic Movement of India), maintained operational linkages with other internationally proscribed terrorist organisations such as Lashkar-e-Taiba (LeT), the Islamic State of Iraq and Syria (ISIS)/Daesh, and Al-Qaeida. Some members of the PFI cadres were themselves members of these banned terrorist groups.

1.3 It was revealed that the PFI had allegedly created an organised network with the objective of recruiting vulnerable Muslim youth into proscribed international terrorist organisations to facilitate the commission of terrorist acts. Moreover, PFI and its members were reportedly engaged in activities prejudicial to public order and harmony by inciting hatred between different religious communities through incendiary speeches, publications, articles, and social media posts. Their actions were aimed at disrupting public tranquillity, and evidence pointed to organised movements intending to train participants in the use of criminal force against individuals of other religions or groups—thereby instilling fear, terror, and a sense of insecurity among members of other communities.

1.4. The PFI and its members were allegedly responsible for several violent incidents and murders in Kerala, which created a sense of terror in the minds of the general public. Additionally, it is alleged that PFI, its office bearers, and its members were indulging in unlawful activities with the intent to foment disaffection against the Indian State by provoking individuals, especially innocent members of the Muslim community, to defy the Government and institutions established by law—thereby undermining the sovereignty and integrity of India.

1.5 Based on the above facts and the gravity of the allegations, the Central Government formed the opinion that the activities of the Popular Front of India attracted offences punishable under Sections 120B and 153A of the Indian Penal Code, 1860, and Sections 13, 18, 18B, 38, and 39 of the Unlawful Activities (Prevention) Act, 1967 , which are scheduled offences under the National Investigation Agency Act, 2008.

1.6. Being satisfied that the above acts had serious ramifications for national security, the Ministry of Home Affairs, Government of India, CTCR Division, vide Order No. 11011/82/2022-NIA dated 16.09.2022, directed the National Investigation Agency (NIA) to take up the investigation. In compliance with the said direction, a case was registered as RC-02/2022/NIA/KOC at the NIA Police Station, Kochi, on 19.09.2022 under the aforementioned provisions, and the First Information Report (FIR) was submitted before the j