The court may grant bail despite statutory restrictions under the UAPA if the accused's right to a speedy trial under Article 21 is infringed due to prolonged detention without reasonable trial prospects.

JUDGMENT :

K.V. Jayakumar, J.

1. These Criminal Appeals have been preferred under Section 21 of the National Investigation Agency Act, 2008.

2. Crl. Appeal No. 1248/2025 is preferred by the accused Nos. 22 and 24 and Crl. Appeal No. 1253/2025 is preferred by accused Nos. 23 and 60 impugning the orders passed by the Special Court for the Trial of NIA Cases, Ernakulam, in Crl. M.P. No. 229/2025 and Crl.M.P.No. 230/2025 in S.C.No.02/2023/NIA dated 11.06.2025.

3. In the above cases, 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.

4. Brief facts necessary for the consideration of these appeals are as follows:

4.1. 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.

4.2 The intelligence revealed that PFI members and office bearers based in Kerala, many of whom had earlier association 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 also members of these banned terrorist groups.

4.3 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 and thereby instilling fear, terror, and a sense of insecurity among members of other communities.

4.4 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 and thereby undermining the sovereignty and integrity of India.

4.5 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 IN