MOHAMMAD BILAL Vs. POLICE SUB-INSPECTOR

JUDGEMENT

(1.) This petition seeking a writ of habeas corpus has been filed seeking quashment of orders dtd. 9/1/2023 and 17/1/2023 passed by 49th City Civil and Sessions Judge and Special Judge for trial of National Investigation Agency (hereinafter referred to as 'the Special Court' for short) cases at Bangalore, granting extension of remand / detention and dismissing the application for default bail, respectively. The petitioners in addition, seek a direction to the respondents to set them at liberty by imposing reasonable conditions to ensure their appearance before the competent court.

(2.) The relevant facts which are not in dispute, lie in a narrow compass. On 12/10/2022, Police SubInspector of Panambur Police Station, Mangaluru City registered Crime No.71/2022, against the petitioners for offences under Ss. 121, 121A, 121B, 153A and 109 of Indian Penal Code, 1860 and under Sec. 13 and 18(1)(B) of the Unlawful Activities (Prevention) Act, 1967 on the ground that the petitioners are members of Popular Front of India, which is an organization banned by the Central Government by an order dtd. 28/9/2022. The allegation against the petitioners is that they were engaged in unlawful activities. The petitioners were arrested on 12/10/2022 and were produced before the Magistrate. The Magistrate, by an order dtd. 28/12/2022 committed the case to Special Court.

(3.) The Special Court by an order dtd. 9/1/2023 has extended the custody of the petitioners for a period from 90 days to 180 days. The petitioners, on 12/1/2023 after completion of 90 days filed applications seeking default bail. The Special Court, by an order dtd. 17/1/2023 rejected the applications seeking default bail and held that the Special Court has jurisdiction to try the offences. It is not in dispute that during the pendency of the petition, the State Investigation Agency has filed charge sheet in Special Court on 10/4/2023 and cognizance of the offence has been taken by Special Court on 17/4/2023.