MUHAMMED RAFI Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is filed by accused No.1 in SC No.2/2017/NIA. He filed Crl.M.P No.191/2018 before the Special Court for the trial of NIA cases seeking bail, which came to be rejected by the impugned order dated 30/01/2019. The appellant came to be charge-sheeted based on further investigation conducted u/s 173(8) of Cr.P.C, as per the supplementary charge sheet dated 1/6/2017. The allegation against him is that he hatched a criminal conspiracy with one M.K.Nazar, P.V.Noushad, Subair and Jaleel at different places over phone and in person and in pursuance of the conspiracy, he joined a terrorist gang and had given inputs to the assailants on 4/7/2010. The incident with reference to which he has been charged related to an attack on Prof.T.J.Joseph at Muvattupuzha on 4/7/2010 and the right palm of the victim was chopped off and it was thrown to the nearby compound. Prosecution alleged that the accused were doing the aforesaid act in execution of their law alleging blasphemy.

(2.) Initially, 54 persons were made accused and after investigation, a final report was filed against 27 accused on 10/1/2011. The NIA took over investigation of the case as per order dated 9/3/2011 of the Ministry of Human Affairs. They filed supplementary final report against 9 accused on 8/1/2013 and against one other accused on 12/4/2013. Further investigation was undertaken against absconded persons including the present appellant. In the meantime, SC No.1/2013 was tried against 31 accused, out of which 13 were found to be guilty as per judgment dated 30/4/2015 and the other 18 were acquitted. Supplementary charge-sheet is filed against 6 persons in which appellant is the first accused. He had been charged for offences under Sections 118, 341, 427, 324, 326, 506 (ii), 201, 202, 153A, and 307 r/w 120B of I.P.C., Sections 3 and 7 of the Explosive Substances Act and Sections 16(1)(b), 18 and 20 of the Unlawful Activities (Prevention) Act, 1967 (for short "UA(P) Act").

(3.) According to the prosecution, the petitioner is one of the close associates of Sri.M.K.Nazar who was the principal conspirator and he was absconding ever since the commission of offence. The petitioner surrendered before Court on 9/10/2018 and since then, he is in judicial custody.