The court ruled that prima facie evidence of terrorist activities justifies denial of bail under UAPA, highlighting the rigorous standards required for bail in cases involving national security.

JUDGEMENT

BELA M. TRIVEDI, J.

1. Leave granted.

2. The Central Government in Ministry of Home Affairs, CTCR Division having received a credible information that the office bearers, members and cadres of Popular Front of India (PFI), an extremist Islamic organization have been spreading its extremist ideology across Tamil Nadu, by establishing State Headquarters at Purasaiwakkam, Chennai and also offices in various districts of Tamil Nadu and that through their frontal Organizations like Campus Front of India, National Women’s Front, Social Democratic Party of India etc., they conspire for committing terrorist acts, raise funds for committing terrorist activities and recruit members for furthering their extremist ideology, and that the frontal organizations and PFI were involved in the recruitment of members to various prescribed terrorist organizations, passed an order on 16th September 2022, in exercise of the powers conferred under sub-section (5) of Section 6 read with Section 8 of the National Investigation Agency Act, 2008 (hereinafter referred to as the ‘NIA Act’), directing the National Investigation Agency to take up investigation of the said case. In view of the said order, an FIR being RC-42/2022/NIA/DLI came to be registered on 19.09.2022 against the present respondents and other members and office bearers of PFI for the offences under Section 120(b), 153(A), 153(AA) of IPC and Section 13 ,17,18,18(B), 38 and 39 of the Unlawful Activities (Prevention) Act, 1957 (hereinafter referred to as the “UAPA”).

3. During the course of investigation, the respondents-accused herein came to be arrested on 22.09.2022 for the alleged offences. They filed their respective bail applications before the Special Court under the NIA Act (Sessions Court for Exclusive Trial of Bomb Blast Cases). The Special Court after considering the case diary, the documents and material produced before it, and after having been satisfied about the prima facie case made out against the respondents-accused as also considering the provisions of Section 43D of the UAPA in the light of the position of law settled by this Court in various decisions, dismissed the said bail applications filed by the respondents.

4. Being aggrieved by the said orders, the respondents filed Criminal Appeals being CRLA Nos. 98, 114 and 116 of 2023 before the High Court of Judicature at Madras. It appears that some of the respondents- accused had also filed Cr.L.M.P Nos. 11595 and 8094/2023 seeking interim bail pending the said appeals. During the pendency of the said Appeals, the chargesheet came to be filed by the appellant-NIA against all the respondents alongwith other accused on 17.03.2023 for the offences under Sections 120B , 121A, 122, 153A, 505(1)(b), (c), (2) of IPC and Sections 13 ,18, 18A, 18B of UAPA. The High Court after taking into consideration the submissions made by the learned Counsels for the parties and materials placed on record including the Chargesheet, allowed the said Appeals by the common impugned order dated 19.10.2023, releasing the respondents on bail subject to the conditions mentioned therein. Being aggrieved by the said order, the present set of appeals have been filed by the Union of India through NIA, Chennai Branch.

5. At the outset, the learned counsels for the respondents raising preliminary objection had submitted that the appellant having failed to mention about the SLP (Crl.) No.9384/2023 which was preferred by the appellant against the co-accused for cancellation of the bail arising out of the same FIR,