COMMON ORDER

Per Dr.ANITA SUMANTH,J and SUNDER MOHAN,J.

1. In Crl.O.P.No.4906 of 2025, A1, A2, A3 and A5 in Crime No.735 of2016 challenge order dated 17.12.2025 passed in Crl.M.P.No.322 of 2025 in Spl.S.C.No.17 of 2022, where the prayer was for recall P.Ws. 40, 52, 62, 63, 64 and 65 for the purpose of cross examination by the Special Court under the National Investigation Agency Act, 2008 (Special Court).

2. The challenge in Crl.O.P.No.4909 of 2026 is to order dated24.12.2025, allowing Crl.M.P.No.318 of 2025 in Spl.S.C.No.17 of 2022, and granting protection to LWs.10, 11, 12 and 15 and treat documents connected with them, being D25, D26, D28, D50, D74, D89, D102, D119, D120, D121, D130, D131, D194 and D215 as protected documents along with threat assessment reports and enquiry statements.

3. The brief facts are this. On 22.09.2016 at about 23.15 hours, the then spokesperson of Hindu Munnani (Front), Coimbatore was attacked indiscriminately by a group of persons. As a result, he had sustained grievous injuries to which he later succumbed. Investigation in FIR No.735 of 2016 under Section 302 IPC was taken over by the Special Investigation Division of the CBCID, Coimbatore. It is alleged that the four petitioners along with other accused who were all members of the Popular Front of India (PFI) were conspiring to strike terror within a section of people in the Country by various means including by brutally murdering the deceased.

4. A1 was arrested on 22.03.2017, A2 on 01.08.2017, A3 on 11.10.2017 and A4 on 25.12.2017. A1 and A2 were enlarged on statutory bail on 19.06.2017 and 01.11.2017 respectively, and A4 and A3 were enlarged on bail on 19.09.2018 and 17.10.2018 respectively.

5. The investigation was entrusted to the National Investigation Agency under the applicable provisions of the National Investigation Agency Act, 2008 (in short ‘NIA Act’) and the original case was re-registered under Sections 120B, 153A and 302 of IPC along with Sections 16 and 18 of the Unlawful Activities (Prevention) Act, 1967 (in short ‘UAPA’) on 29.01.2018.

6. Charge sheet was filed as against A2 and A3 for the commission of offences under Sections 302 read with 120B, 302 read with 34 and 153A(1)(b) of IPC along with Sections 16(1)(a), 18 and 20 of the UAPA on 07.04.2018. Supplementary charge sheet has been filed as against A1 for the offence under Section 18 of the UAPA on 21.06.2018. Second supplementary charge sheet has been filed as against A5 for offences under Section 34, 120B, 153A(1)(b) and 302 IPC and Section 16(1)(a), 18 and 20 of the UAPA on 06.08.2021. Trial is on-going.

7. While so, a Miscellaneous Petition in Crl.M.P.No.154 of 2018 was filed by the NIA seeking to treat certain witnesses as protected. By order dated 26.04.2018, after recording satisfaction under Section 44 of the UAPA, the Court held as under:

‘7.In the result, this petition is allowed and ordered as under:

(1)The petitioner/prosecuting agency is permitted to exclude the statements of witnesses, namely, L.Ws. 10 to 25 while furnishing copies under Section 207 of Cr.P.C.

(2)Any portion/portions of the Document Nos.25, 26, 28, 74, 89, 102, 119 to 121 which the prosecution may think to reveal the identity of the above said witnesses may be hided while furnishing copies under Section 207 of Cr.P.C.

(3)The prosecution is also permitted to hide the relevant portions, if any, in the Charge Sheet and its Annexures A and B, namely, list of witnesses and list of documents while furnishing copies under Section 207 of Cr.P.C.

(4)The prosecution is directed to submit a complete set of those hided copy of documents, charge sheet and its Annexures A and B to this Court to keep with the records of the case on or before 09.05.2018. Upon such submission, the office of this Court is directed to keep the original of the above said documents, the statements of the above said witnesses and the charge sheet and its Annexures A and B ea