Case Note & Summary
The judgment concerns two connected matters: a writ petition filed by Naser Bin Abu Bakr Yafai seeking bail in Sessions Case No. 106 of 2016 pending before the Additional Sessions Judge and Special ATS Judge at Nanded, and a criminal application by the National Investigation Agency (NIA) seeking transfer of the same case to the Special NIA Court at Mumbai. The petitioner, along with others, was arrested by the Anti Terrorism Squad (ATS) Mumbai in connection with a conspiracy to commit terrorist acts, allegedly linked to ISIS. The petitioner was charged under various sections of the Unlawful Activities (Prevention) Act, 1967 (UAPA) and the Indian Penal Code (IPC). The petitioner argued for bail on grounds of delay in trial and lack of direct evidence. The NIA, which took over the investigation, sought transfer of the case to its special court for efficient trial. The court, after hearing arguments, dismissed the bail petition, holding that the seriousness of the offence and the prima facie material against the petitioner, including his alleged role in the conspiracy, outweighed the delay factor. The court also allowed the transfer application, noting that the NIA had taken over the investigation and that trial before the Special NIA Court would be more expeditious and in the interest of justice. The judgment emphasizes that in cases involving national security, the right to speedy trial cannot be a ground for bail at the initial stage if there is sufficient material to proceed.
Headnote
A) Criminal Law - Bail - Unlawful Activities (Prevention) Act, 1967 - Sections 16, 18, 20, 38, 39 - Bail refused where accused was part of conspiracy to commit terrorist acts and there was prima facie material showing his involvement, despite delay in trial. Held that gravity of offence and national security concerns outweigh right to speedy trial at bail stage (Paras 1-10).
B) Criminal Procedure - Transfer of Case - Section 406 CrPC - Transfer of Sessions Case No. 106 of 2016 from Special ATS Court, Nanded to Special NIA Court, Mumbai allowed for expeditious trial and proper coordination with NIA investigation. Held that transfer is necessary in the interest of justice (Paras 11-15).
Issue of Consideration
Whether the petitioner is entitled to bail in a case under the Unlawful Activities (Prevention) Act, 1967 and IPC, and whether the case should be transferred from the Special ATS Court at Nanded to the Special NIA Court at Mumbai.
Final Decision
Writ Petition No. 5022 of 2017 is dismissed. Criminal Application No. 27 of 2017 is allowed. Sessions Case No. 106 of 2016 is transferred from the Court of Addl. Sessions Judge and Special ATS Judge at Nanded to the Court of Shri N.K. More, Special Judge for National Investigating Agency at Mumbai.
Law Points
- Bail under UAPA
- Transfer of case under Section 406 CrPC
- Conspiracy under Section 120B IPC
- Terrorist act under UAPA
Case Details
2018 LawText (BOM) (07) 108
Writ Petition No. 5022 of 2017 with Criminal Application No. 27 of 2017
Ranjit More, Smt. Anuja Prabhudessai
Mr. T.W. Pathan a/w. I.A. Khan a/w. Faizaan Qureshi for Petitioner; Mr. A.A. Kumbhakoni AG a/w. Akshay Shinde for ATS/State; Mr. Anil C. Singh ASG a/w. Anand P. Sukhadeve, Ms. Geetika Gandhi for NIA
The State of Maharashtra, National Investigation Agency, Mumbai
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Nature of Litigation
Criminal writ petition for bail and criminal application for transfer of case
Remedy Sought
Petitioner sought bail in Sessions Case No. 106 of 2016; NIA sought transfer of the case to Special NIA Court at Mumbai
Filing Reason
Petitioner was arrested by ATS Mumbai for alleged involvement in a conspiracy to commit terrorist acts; NIA took over investigation and sought transfer for expeditious trial
Previous Decisions
Additional Sessions Judge and Special ATS Judge at Nanded rejected bail on 14th November 2016
Issues
Whether the petitioner is entitled to bail under UAPA and IPC charges?
Whether the case should be transferred from Special ATS Court at Nanded to Special NIA Court at Mumbai?
Submissions/Arguments
Petitioner argued that there is no direct evidence against him and that he has been in custody for a long time, thus entitled to bail on ground of delay in trial.
NIA argued that the petitioner is part of a larger conspiracy and that the case involves national security, hence bail should be refused and case transferred for expeditious trial.
Ratio Decidendi
Bail cannot be granted solely on ground of delay in trial when the accused is charged with serious offences under UAPA and IPC involving conspiracy to commit terrorist acts, as national security concerns outweigh the right to speedy trial at the bail stage. Transfer of case to NIA Special Court is warranted under Section 406 CrPC for expeditious trial and proper coordination with the investigating agency.
Judgment Excerpts
The petitioner Naser Bin Abu Bakr Yafai, is one of the accused in Sessions Case No. 106 of 2016.
The petitioner has challenged the Order dated 14th November, 2016 passed by the Addl. Sessions Judge and Special ATS Judge at Nanded.
The applicant in Criminal Application No. 27 of 2017 has sought transfer of Sessions Case No. 106 of 2016 from the Court of Addl. Sessions Judge and Special ATS Judge at Nanded to the Court of Shri N.K.More, Special Judge for National Investigating Agency at Mumbai.
Procedural History
The petitioner was arrested by ATS Mumbai in connection with a conspiracy case. Bail was rejected by the Additional Sessions Judge and Special ATS Judge at Nanded on 14th November 2016. The petitioner filed Writ Petition No. 5022 of 2017 before the Bombay High Court challenging the bail rejection. Meanwhile, NIA took over the investigation and filed Criminal Application No. 27 of 2017 seeking transfer of the case to the Special NIA Court at Mumbai. Both matters were heard together and disposed of by this judgment dated 5th July 2018.
Acts & Sections
- Unlawful Activities (Prevention) Act, 1967: 16, 18, 20, 38, 39
- Indian Penal Code, 1860: 120B, 121A
- Code of Criminal Procedure, 1973: 406
