MOHAMED AZARUDEEN Vs. UNION OF INDIA

JUDGEMENT

(1.) The point for consideration in this Criminal Appeal is, the validity of the report dated 29.04.2019, submitted by the Special Public Prosecutor under Section 43-D(2)(b) of the Unlawful Activities (Prevention) Act, 1967 (in short "the UAP Act") and the consequent acceptance of the same by the Special Court vide the impugned order in Crl.M.P.No.191 of 2019 dated 06.05.2019.

(2.) One Ramalingam was brutally attacked on 05.12.2019 in Thimvidaimamdur by an unlawful assembly, resulting in the local police registering a case in Thiruvidaimarudur PS. Crime No. 17 of 2019 under Sections 341, 294(b) and 307 IPC. After Ramalingam succumbed to the injuries, the case was altered to one under Section 302 IPC.

(3.) During the course of investigation, it came to light that Ramalingam was a Hindu activist and he was fatally attacked by Muslim fanatics. The Investigating Officer incorporated the penal provisions of the UAP Act in the case and the Central Government issued a direction under Section 6(4) read with Section 8 of the National Investigation Agency Act, 2008, transferring the case to the file of the National Investigation Agency (NIA), New Delhi. The case was re-registered as R.C.No.06/2019/NIA/DLI on 07.03.2019 and the NIA took up the investigation of the case on 25.04.2019.