KOCHI: The Kerala High Court has granted bail to a Sri Lankan citizen, residing as a refugee in Chennai and suspected of being a member of the LTTE armed cadre, in a UAPA case, as the trial had not commenced even after over four years of his judicial custody.
A bench of justices Sushrut Arvind Dharmadhikari and PV Balakrishnan granted the relief to 33-year-old Satkunam, also known as Sabesan, who is suspected of being a member of the outer security wing of the late LTTE leader Prabhakaran.
The High Court, referring to various Supreme Court decisions, said that Satkunam was undergoing incarceration for a period of more than four years and four months and according to the report received from the lower court, the trial was not likely to commence and end in the near future.
".. we are of the considered view that this is a fit case where the appellant (Satkunam) can be granted the relief as sought for by him," the bench said.
The High Court directed that the Sri Lankan citizen shall be released on bail on his executing a bond for the sum of Rs one lakh with two solvent sureties of the like amount, subject to the satisfaction of the special court for trial of NIA cases in Ernakulam.
The other bail conditions stipulated by the High Court included that the appellant can leave Kerala only with prior permission of the special court, he should surrender his passport, provide his complete and current residential address to the NIA investigating officer, use only one mobile number, which should be communicated to the investigating officer and should always remain switched on.
Besides these, the appellant was also directed to report before the Station House Officer of the police station having jurisdiction over his place of residence on every first and third Saturdays, without fail, and not to tamper with evidence or attempt to influence witnesses.
The Centre had opposed the bail on various grounds, including that certain provisions of the Unlawful Activities (Prevention) Act (UAPA) place a complete embargo on the court granting him bail.
The bench rejected the contention, saying the right to speedy trial enshrined in Article 21 of the Constitution is applicable to all persons and is not restricted to citizens of India.
"The meaning of the word 'life' in Article 21 cannot be narrowed down, and it is available not only to every citizen of the country, but also to a person who may not be a citizen of the country," the High Court said.
It also noted that the appellant had been in custody since October 2021, and according to the special court's report, the trial would probably commence in January 2027 and could only be completed by December 2027, as there are 209 witnesses to be examined and 446 documents to be perused.
According to the NIA, the appellant entered India through illegal means and then conspired with others for the revival of the Liberation Tigers of Tamil Eelam (LTTE).
He was also accused by the NIA of procuring arms for the purpose of waging war against Sri Lanka, raising funds through drugs and weapons dealings and investing proceeds of his crimes in properties in Tamil Nadu.
Satkunam moved the High Court after the special court dismissed his bail application in April 2024.