The judgment established that the continued detention of the appellant was in violation of his right to personal liberty, and he was entitled to bail considering the delay in trial and the gravity of the offences.

JUDGMENT

(Prayer: Criminal Appeal filed under Section 21 of National Investigation Agency Act to set aside the order dated 10.2.2022 passed by the Special Court under the National Investigation Agency Act (Sessions Court for Exclusive Trial of Bomb Blast Cases), Poonamallee, Chennai 600 056 in Crl.M.P.No.499 of 2021 in C.C.No.1 of 2018.)

S. Vaidyanathan, J. & A.D. Jagadish Chandira, J.

The Appeal has been filed seeking to set aside the order dated 10.2.2022 passed by the Special Court under the National Investigation Agency Act (Sessions Court for Exclusive Trial of Bomb Blast Cases), Poonamallee, Chennai 600 056 in Crl.M.P.No.499 of 2021 in C.C.No.1 of 2018.

2. Brief facts of the case as elicited from the materials available on record are as under:-

i) On the basis of a Special Report of the Inspector of Police, -Q- Branch CID, Chennai City regarding commission of offences related to a threat emanating from a live conspiracy to smuggle explosives and terrorists into India from Sri Lanka and execute bomb attacks at the US Consulate in Chennai, Israel Consulate in Bangalore, other vital installations and places of public congregation in Southern India, a case was originally registered in FIR No.1 of 2014 of -Q- Branch CID, Chennai City dated 28.4.2014 under Sections 16, 17, 18 and 20 of Unlawful Activities (Prevention) Act, 1967 and Sections 120(B), 34, 124(A) and 489(C) IPC against the appellant and others.

ii) Considering the gravity of the offences, the National Investigation Agency had taken over the investigation of the case and re-registered the case as RC No.2 of 2014/NIA/HYD on 20.6.2014 for offences under Sections 16, 17, 18 and 20 of Unlawful Activities (Prevention) Act and Sections 120(B), 34, 124(A) and 489(C). Initially, the respondent had filed a final report against some of the accused. The charge against them was that A1 Sakir Hussaien came into contact with A2 Amir Zubair Siddiqui, who was working as High Counselor at Pakistan High Commission in Colombo through one Veerakone a Sri Lankan Intelligence Official and they have entered into a conspiracy to do espionage work in India and to plant explosives in strategic locations in India. In the course of the transaction, the other accused, some of them who are Indians, are alleged to have helped them in transporting and dealing with high quality fake Indian Currency notes into India to destabilize the economic security of the nation.

iii) A1 Sakir Hussaien pleaded guilty and he was convicted and sentenced to undergo simple imprisonment for 2 years under Section 120B read with Section 16 of Unlawful Activities (Prevention) Act, simple imprisonment for 5 years and fine of Rs.1000/- under Section 16 of Unlawful Activities (Prevention) Act, simple imprisonment for 5 years and fine of Rs.1000/- under Section 18 of Unlawful Activities (Prevention) Act as per the the judgment dated 28.11.2014 in C.C.No.5/2014 by this Court. After completion of sentence, he was later deported to his own country (Sri Lanka).

iv) Later, the case was split up as C.C.No.10 of 2014 against A5 Sivabalan and A6 Mohammed Salim. During trial, A5 Sivabalan filed a petition in Crl.M.P.No.414 of 2015 in C.C.No.10 of 2014 to record his statement and seeking pardon under Section 306 and 307 Cr.P.C. and accordingly, he was granted pardon by order dated 14.3.2017 in Crl.M.P.No.414 of 2015.

v) Subsequently, the trial against A6 Mohammed Saleem continued and he was found guilty and convicted and sentenced under section 235(2) of Cr.P.C. to undergo simple imprisonment for 2 years under section 120B read with section 489C IPC, simple imprisonment for 5 years and fine of Rs.1000/- under Section 16 of Unlawful Activities (Prevention) Act, simple imprisonment for 5 years and fine of Rs.1000/- under Section 18 of Unlawful Activities (Prevention) Act,