Madras HC grants bail to 3 supporters of LTTE

CHENNAI: The Madras High Court (MHC) has granted bail to 3 ardent supporters of Liberation Tigers of Tamil Eelam (LTTE).

Naveen Chakravarthi, Sanjai Prakash, and Kabilan moved the MHC seeking to grant bail and set aside the case charged under the Unlawful Activities Prevention Act (UAPA).

A division bench comprising Justices SS Sundar and Sunder Mohan observed that from the final report of the National Investigation Agency (NIA) “we find no assertion against the detenues to attract the offenses under UAPA” while allowing the bail petitions.

To attract the offenses under Section 15 of the UAPA, it must be specifically averred as to whether the act was intended to either threaten the unity, integrity, security, or sovereignty of India or to strike terror in the minds of the people or in a section of the people, wrote the bench.

“We find that there is nothing on record to show that the accused had planned anything to further the activities of the proscribed terrorist organisation, which is essential in order to attract the offenses either under Section 38 or 39 of the UA (P) Act. There is no doubt that the detenues had manufactured bombs and illegal firearms which are illegal and would be offenses under the Explosive Substances Act, the Indian Arms Act, and IPC,” read the order.

On May 19, 2022, the Salem police found the trio with two country-made pistols, ammunition, and gunpowder. Later, a case was registered against them in Omalur police station. Subsequently, the case was transferred to the NIA.

During the investigation, the NIA altered the FIR by adding provisions of UAPA. Further, the Special Court under the NIA Act, 2008, Poonamallee, issued a non-bailable warrant against them and refused to grant bail. The NIA’s final report stated that the accused were inspired by the LTTE and its slain leader Prabhakaran. They associated themselves with the banned organisation and planned to create a similar one called ‘World Tamil Justice Court’ (WTJC), to wage war against the State and Union governments through armed struggle.

The report further stated that the accused had done preparatory work to commit terrorist acts, and for that purpose, decided to manufacture country-made pistols, rifles, bullets, pipe bombs, grenades, and a mixture of explosives for making pipe bombs. Their objective, according to the prosecution, was to destroy private commercial sand quarry sites and TASMAC wine shops in Salem, as they believed it plunders natural resources and causes a social menace.

Senior counsel R Sankarasubbu appeared for the accused submitted that his clients’ objective was not to commit any terrorist act, and that their goal was to fight against illegal sand quarrying and Tasmac shops.

“They can at best be tried only for the offense under the Explosive Substances Act, the Indian Arms Act, and the IPC, and the invocation of offense under the UA (P) Act, is unwarranted,” he added.