Kerala High Court Denies Bail to Sri Lankan Nationals in High-Stakes UAPA Case

Court upholds trial court's decision citing gravity of charges, foreign nationality, and imminent trial commencement

In a significant ruling, the Kerala High Court has dismissed the bail application of two Sri Lankan nationals, Ly Nandana and others, accused of serious offences under the Unlawful Activities (Prevention) Act (UAPA), the Narcotic Drugs and Psychotropic Substances Act (NDPS), the Arms Act, and the Indian Penal Code (IPC). The decision, delivered by a division bench comprising Mr. Sushrut Arvind Dharmadhikari and P.V. Balakrishnan, underscores the stringent legislative policy against granting bail under UAPA while acknowledging exceptions for prolonged detention but ultimately denying bail due to the severity of the charges.

The appellants, apprehended aboard a Sri Lankan fishing vessel "Ravi Hansi" near Minicoy Island, were caught in possession of 300 kilograms of heroin, AK-47 rifles, and ammunition of Pakistani origin, allegedly as part of a transnational narcotics and arms smuggling operation linked to terror networks. The prosecution argued that the offences pose a grave threat to national security, with the contraband originating from Pakistan as part of a terror-linked network.

The appellants contended that they were victims of circumstance, citing mechanical failures of the vessel and procedural lapses in their arrest and detention. They emphasized their constitutional right to a speedy trial under Article 21, arguing that prolonged detention without trial violates their fundamental rights.

However, the court, while acknowledging the right to a speedy trial, highlighted the seriousness of the charges and the appellants' foreign nationality as grounds for denial of bail. The court emphasized that the trial is scheduled to commence imminently, with charges already framed and witnesses summoned, ensuring no undue delay in proceedings.

The judgment reaffirmed the stringent conditions under Section 43-D of UAPA, particularly concerning foreign nationals who entered the country unauthorizedly, barring bail except under exceptional circumstances. The court concluded that given the gravity of the charges, potential flight risk, and threat to national security, bail could not be granted at this stage.

The Kerala High Court's ruling aligns with established legal precedents, including the Supreme Court's emphasis on the legislative policy against bail under UAPA unless prolonged detention violates constitutional rights. However, considering the specific circumstances of this case, the court determined that the appellants' detention did not constitute such a violation.

The decision marks a critical juncture in the ongoing legal proceedings against the appellants, with the trial set to commence soon, potentially setting a precedent for future cases involving foreign nationals accused under stringent anti-terror laws.

Bottom Line:

Bail under UAPA - Prolonged incarceration without trial and right to speedy trial under Article 21 - Court held that appellants' bail application under Unlawful Activities (Prevention) Act (UAPA), NDPS, IPC, Arms Act was rightly dismissed by trial court as there was sufficient material in the charge sheet indicating appellants' active participation in unlawful activities. The Court emphasized legislative policy against granting bail under UAPA but recognized exceptions for violation of Fundamental Rights due to prolonged detention. However, considering the gravity of charges, foreign nationality of appellants, and imminent commencement of trial, bail was denied.

Statutory provision(s):  

• - Unlawful Activities (Prevention) Act, 1967, Section 43D(5)  
• - Unlawful Activities (Prevention) Act, 1967, Section 43D(7)  
• - Constitution of India, 1950, Article 21  
• - Code of Criminal Procedure, 1973, Section 57  
• - Code of Criminal Procedure, 1973, Section 161  
• - Code of Criminal Procedure, 1973, Section 164  
• - Indian Penal Code, Sections 120B, 125, 465, 471  
• - Arms Act, 1959, Section 7 r/w 25(IAA)  
• - Narcotic Drugs and Psychotropic Substances Act, 1985, Sections 8(C), 21(C), 23(C), 24, 25, 27A, 28, 29

Ly Nandana v. Union of India, (Kerala)(DB) : Law Finder Doc Id # 2811125