VidhiSangh

Supreme Court of India · 22/05/2024

UNION OF INDIA REP. BY THE INSPECTOR OF POLICE NATIONAL INVESTIGATION AGENCY CHENNAI BRANCH versus BARAKATHULLAH ETC.

[2024] 5 S.C.R. 1011 · 2024 INSC 452

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Bail granted to eight accused in a PFI-related UAPA prosecution was set aside because the collected material made the accusations prima facie true under Section 43D(5). The High Court wrongly required evidence of a completed terrorist act despite charges encompassing conspiracy and preparatory conduct. Custody of about eighteen months did not warrant the delay-based relief sought on these facts. Immediate surrender and expeditious, independent trial were directed.

Issues

  1. Whether the prosecution material satisfied the prima facie UAPA bail restriction.
  2. Whether Section 18 required an actually completed terrorist act.
  3. Whether short custody relative to the cited delay cases justified constitutional bail.
  4. Whether the challenge required post-release supervening circumstances.

Provisions considered

Held

Result

Appeals allowed; High Court bail order set aside. Respondents to surrender forthwith before NIA; Special Court to conduct an expeditious trial uninfluenced by these bail-stage observations.

Judgment PDF: Supreme Court of India, [2024] 5 S.C.R. 1011.