NIA can attach properties not linked to terrorism: Madras HC

CHENNAI: The provision in the Unlawful Activities (Prevention) Act allowing authorities to attach even properties that are not linked to proceeds of terrorism may appear to be draconian. However, because it deals with all the properties of a person involved in terrorist activities, the court does not find any justifiable reason to consider the contention against attaching the properties, said the Madras High Court.

The division bench of Justice SM Subramaniam and Justice N Senthilkumar said this while dismissing the appeal against a special court order allowing the National Investigation Agency (NIA) to attach the property of an accused in the murder of Hindu Munnani spokesperson C Sasikumar. The accused is a member of the Popular Front of India, a banned organisation.

Section 33 (1) of the Act has the provision for attachment of all or any of the properties, and not only the properties connected with the proceeds of terrorism, the bench said. Once they are attached, the matter could be dealt with by the courts at the time of passing final judgment, it said.

Though the provision appears to be draconian, because it deals with all the properties of a person allegedly involved in terrorist activities, the court does not find any justifiable reason to consider the contention that the NIA has no locus standi to file an application to attach the property, added the bench.

The appeal was moved by Subair, one of the accused booked for the murder of Sasikumar, and his mother Nabeesa Sulaiman challenging the order of Sessions Court for Exclusive Trial of Bomb Blast and POTA cases, Poonamallee, allowing the agency to attach their property.

On September 22, 2016, Sasikumar was attacked by an unknown group in Coimbatore. He sustained severe injuries and succumbed.

The CB-CID’s Special Investigation Division (SID) found that Subair and three others, all members of PFI, conspired to strike terror among a particular section of people and killed Sasikumar.

Deeming it as a terrorist act committed as part of waging violent Jihad against non-Muslims, the case was transferred to NIA in 2018. The central agency filed the charge sheet against all the accused. While the case was pending before the trial court, it initiated proceedings to attach the property of Subair and his mother, which the special court also allowed.

Aggrieved by this, the mother and son moved the appeal challenging the order of attachment.