MOHAMMED ASARUDEEN Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) Heard learned senior counsel appearing for the appellant and learned Additional Solicitor General appearing for the first respondent. The appellant is accused No. 1. The appellant is being tried by the Special Court for the National Investigation Agency (hereinafter referred to as 'the NIA') cases in Chennai. Initially, an offence was registered under Ss. 341, 294(b) and 307 of the Indian Penal Code, 1860 (for short, 'the IPC'). Subsequently, Ss. 120B, 143, 147, 148, 302 read with 149 of the IPC and Sec. 15 read with Ss. 16, 18, 18B, 19 and 20 of the Unlawful Activities (Prevention) Act, 1967 (for short, 'the UAPA') were added. Upon completion of investigation/filing of charge-sheet, an application was made by the Special Public Prosecutor of the NIA, invoking powers of the Special Court under Sec. 44 of the UAPA, read with Sec. 17 of the National Investigation Agency Act, 2008 (for short, 'NIA Act') read with Sec. 173(6) of Cr.P.C., for the protection of witnesses. The provisions of Sec. 44 of the UAPA, as well as Sec. 17 of the NIA Act, are pari materia. In this case, we are concerned with sub-sec. 2 of Sec. 44 of the UAPA. Sec. 44 of the UAPA reads thus:

(3.) Sub-sec. 2 of Sec. 17 of the NIA Act is identical. The prayer made by the Special Public Prosecutor in the application reads thus: