VidhiSangh

Supreme Court of India · 12/04/2023

KEKHRIESATUO TEP ETC. versus NATIONAL INVESTIGATION AGENCY

[2023] 3 S.C.R. 523 · 2023 INSC 362

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

Summary

Government servants in Nagaland who paid money to a banned organisation under threat were charged under Sections 39 and 40 of the Unlawful Activities (Prevention) Act, 1967 and granted bail by the NIA Special Court, which found no prima facie material that they were sympathisers or voluntary contributors; the Gauhati High Court cancelled bail because the Special Judge had himself recorded that an offence was committed. The Supreme Court restored bail: offences under Sections 39 and 40 require intention to further the activities of a terrorist organisation, the Special Judge rightly distinguished extortionists from those compelled to pay, his prima facie opinion under Section 43D(5) was neither perverse nor impossible, and an appellate court should interfere with a grant of bail only where the trial court's view is perverse or impossible.

Issues

  1. Whether persons who paid money to a terrorist organisation under compulsion can be denied bail under Section 43D(5) of the Unlawful Activities (Prevention) Act, 1967 on the footing that the accusation under Sections 39 and 40 is prima facie true.
  2. On what grounds an appellate court may reverse a Special Court's order granting bail.

Provisions considered

Held

Result

Appeals allowed; Gauhati High Court orders dated 8 May 2018 and 3 September 2018 cancelling bail quashed and set aside, restoring the Special Court's orders granting bail; observations not to be construed as an expression on merits; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 3 S.C.R. 523.