COMMON JUDGMENT

R. Subbiah, J The appellant in Criminal Appeal No. 775 of 2019 is arrayed as A-12, while the appellants in Criminal Appeal No. 799 of 2019 are arrayed as A13, A15 and A16 respectively in Crime No. 6 of 2019 on the file of the respondent herein. 2. The appellants have filed these appeals questioning the legality and/or correctness of the order dated 10.10.2019 passed in Crl.M.P. No. 380 of 2019 on the file of the learned Special Judge for NIA Cases at Poonamallee, Chennai. By the said order dated 10.10.2019, the learned Special Judge extended the period of detention of the appellants for another 90 days viz., from 90 days to 180 days, in order to provide an opportunity to the investigation officer to conduct the investigation effectively as provided under Section 43-D (2) (b) of The Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as The Act).

3. As both the Criminal Appeals arise out of the common order dated

10.10.2019 passed by the learned Special Judge for NIA Cases, Poonamallee, Chennai, they are taken up for hearing together and are disposed of by this common Judgment.

4. The background facts, which are necessary for disposal of these appeals, are narrated in brief hereunder.

5. The Union Government has received credible information that a group of Pro-ISIS and AlQuida organization variously called as "Wahadat-E-Islami", "Jarnaat Wahadat-ul-Islam-al-Jihadiya", "Jihadist Islamic Unit" and "Ansarallah" have formed to establish Islamic rule in India by resorting to violent Jihad. According to the information received, A. Hasan Ali Yunusmaricar @ Abu Dujana of Tamil Nadu, who is closely associated with ISIS, is actively recruiting individuals to strike terror in India. The information also disclosed that Syed Bukhari, who heads Wahadat-E-Islam Organization in Tamil Nadu, who is also the head of now underground Student Islamic Movement of India (SIMI) is a proscribed terrorist organization. As per the information received, Hasan Ali @ Abu Dujana and Syed Bukhari have entered into a conspiracy and plans are afoot to de-stablize the democratic polity of India to establish Islamic rule in India by violent Jihad against the Government of India. On the basis of the information so received, the Ministry of Home Affairs (CTCR Division) Government of India, by an order passed in Order F.No.11011/ 34/ 2019 / NIA dated 08.07.2019 directed the National Investigation Agency to register first information report. Accordingly, in compliance with such directive issued by the Ministry of Home Affairs, Government of India, the respondent registered a First Information Report in RC No.16/2019/NIA/DLI on the file of National Investigation Agency Police Station, New Delhi on 09.07.2019 for the offences punishable under Sections 120-B, 121A and 122 of the Indian Penal Code read with Sections 17, 18, 18B, 38 and 39 of the Act.

6. According to the respondent, the appellants in these appeals were among the fourteen accused arrested and detained by the authorities of United Arab Emirates for their association with Pro-ISIS and Al-Quida organisation to establish Islamic Rule in India. Earlier, the appellants were taken into custody and enquired by the UAE authorities and during such custodial interrogation, the appellants have admitted the formation of the group called Ansarulla, conduct of meetings at various places in UAE to strengthen their activities and for collection of funds. After custodial interrogation for about six months, the accused were deported to India during 12th and 14th July 2019 respectively.

7. On the basis of the information relating to deportation of the aforesaid persons to New Delhi, the National Investigation Agency arrested the appellants and others on various dates between 13.07.2019 and 15.07.2019 mostly from New Delhi. After arrest, on the basis of a petition filed by the investigation officer in this case, the accused were given police custody for 8 days from 19.09.2017 to 26.09.2017. On comple