Prolonged pre-trial detention without reasonable trial prospects warrants constitutional safeguards, allowing for bail despite stringent statutory requirements under UAPA.

JUDGMENT :

K. V. Jayakumar, J.

This criminal appeal is preferred by the 5^th accused in Crl.M.P.No.214/2025 in S.C.No.2/2021 pending before the Special Court for Trial of NIA Cases, Ernakulam. The appellant, along with others, was discharged for the offences punishable under Section 120B, 121, 121A, 122 of the Indian Penal Code, Sections 18 , 18A, 20, 38 and 39 of the Unlawful Activities (Prevention) Act, 1967 [‘UA (P) Act’, for the sake of brevity], Section 27(1)(e)(iv) of the KERALA FOREST ACT and Section 7 r/w 27(2) of the ARMS ACT .

2. The prosecution case in brief is that, the accused, T. K. Rajeevan @ Manoj @ Udayan @ Ajmal, being a member of the proscribed terrorist organisation CPI(Maoist) and the South Zonal Committee member of proscribed terrorist organisation CPI(Maoist), conspired with co-accused inside the deep reserve forest of Malappuram District of Kerala on different occasions in the year 2016, for conducting and participating in physical and arms training so as to commit terrorist acts and to wage war against the Government of India, collected arms and men and abetted waging war. Being a member of proscribed terrorist organisation CPI(Maoist) which is involved in terrorist acts, he along with co-accused trespassed into the reserve forest of Malappuram District and he actively participated and supervised the physical and arms training using prohibited arms imparted to co-accused, in the period between last week of May 2016 to last week of September 2016, to strengthen the proscribed terrorist organisation with intention to commit terrorist acts for furthering the activities of CPI(Maoist) and thereby to wage war against the Government of India.

3. The case was registered on the basis of the information given by the first accused, Kalidas, when he was arrested by the DySP, Agali on 21.09.2017 in connection with crime No.153/2017 of Sholayur Police Station. An investigation was conducted by the Edakkara Police by registering crime No.249/2017 against 19 persons. Later, the case was handed over to the Anti-Terrorist Squad Police Station, Ernakulam, and renumbered as crime No.32/2020/ATS on 19.03.2020. The Anti-Terrorist Squad laid chargesheet against 5 accused before the District and Sessions Court, Manjeri on 18.05.2021. Thereafter, the Government of India, as per order dated 19.08.2021 directed the NIA to take over the investigation, and the case was re-registered in the present number and transferred to the Special Court for trial of NIA cases, Ernakulam. The NIA also filed a supplementary chargesheet on 24.03.2022 in the above case.

4. Sri. Kaleeswaram Raj, learned counsel for the appellant, submitted that the appellant was arrested in the above case on 20.11.2020 and is in judicial custody till date. It is submitted that the appellant has been in judicial custody for the past four years and 8 months in the High Security Prison, Viyyur. The trial of the case has not yet commenced.

5. The learned counsel submitted that no prima facie case has been established against the appellant, and that the mandatory sanction required under Section 45 (2) of the Unlawful Activities (Prevention) Act was not obtained before the prosecution of the appellant. The learned counsel further pointed out that the appellant is 53 years old and is the sole breadwinner of his family, which comprises his wife and a son studying in the 7th standard. His wife, who belongs to a tribal community, is currently suffering from hypothyroidism and is unable to wor