R.RAGAVENDRAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This Criminal Miscellaneous Case is filed under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS', for short) challenging the orders dtd. 3/9/2025 passed in Crl.M.P No.115/2025 and in Crl.M.P.No.95/2025 in RC No. 01/2022/NIA/KOC by the Special Court for Trial of NIA Cases, Kerala, Ernakulam.

(2.) The petitioners are accused Nos. 6 and 7 in SC 2/2025/NIA pending before the Special Court for trial of NIA cases, Ernakulam. The offences alleged against the petitioners are under Ss. 120B,121A,122 of IPC and Ss. 18,18B,20,38 and 39 of Unlawful Activities (Prevention) Act,1967 (hereinafter referred to as 'the UAP Act' for short). The petitioners were arrested on 27/11/2024 and after completing investigation charge sheet was filed against them on 21/5/2025.

(3.) During the pendency of SC No.2/2025/NIA, the respondent filed Crl.M.P.No.115/2025, under Sec. 44 of the UAP Act before the Special Court praying for an order to treat CWs 49 to 53, CW61, CW62 and CW79 as protected witnesses and also not to supply the contents of the Sec. 161 Cr.P.C. statements and connected documents listed in Annexure E list attached to Annexure IV charge sheet, which tends to disclose the identity of these witnesses. The Special Court allowed the Crl.M.P.No.115/2025 as per Annexure V order. Consequently, Crl.M.A.No.95/2025 filed by the respondent under Sec. 193(7) of BNSS was also allowed as per Annexure VI order and the court directed to issue only redacted part of the documents listed in the documents list attached to the charge sheet as Document Nos.30 to 36, 74 to 79, 86 and 87 to the accused. It is challenging Annexures V and VI orders, this Crl.M.C has been filed by accused Nos. 6 and 7.