KOCHI: The Kerala High Court has granted bail to a Sri Lankan national, residing as a refugee in Chennai and suspected of being a member of the LTTE armed cadre, in the UA case as the trial did not begin even more than four years after he was taken into judicial custody.
A bench of Justices Sushrut Arvind Dharmadhikari and P V Balakrishnan granted relief to 33-year-old Satkunam, also known as Sabesan, who is suspected to be a member of the external security wing of late LTTE leader Prabhakaran.
The Supreme Court, referring to various decisions of the High Court, said that Sakunam was subject to imprisonment for a period of more than four years and four months, and according to the report from the lower court, the trial was unlikely to begin and end in the near future.
“..We are of the view that this is an appropriate case where the appellant can be granted the relief sought by him,” the bench said.
The Supreme Court ordered that the Sri Lankan national be released on bail upon execution of bail amount $A along with two solvent sureties of the same amount, subject to the satisfaction of the Special Court for Trial of NIA Cases at Ernakulam.
Other bail conditions stipulated by the Supreme Court included that the appellant can leave Kerala only with the prior permission of the Special Court, must surrender his passport, provide his complete and current residential address to the NIA Investigating Officer, and use only one mobile phone number, which must be forwarded to the Investigating Officer and must always remain on.
Besides, the appellant was also directed to appear before the police station officer of the police station of his residence on the first and third Saturdays, without delay, and not to tamper with evidence or attempt to influence witnesses.
The Center had opposed bail on various grounds, including that some provisions of the Unlawful Activities Act impose a complete ban on the court granting him bail.
The bench rejected this claim, saying that the right to speedy trial under Article 21 of the Constitution applies to all persons and is not limited to citizens of India.
“The meaning of the word ‘life’ in Article 21 cannot be narrowed and is available not only to every citizen of the country, but also to any person who may not be a citizen of the country,” the Supreme Court said.
She also noted that the appellant has been detained since October 2021, and according to the Special Court’s report, the trial will likely begin in January 2027 and can only be completed by December 2027, as there are 209 witnesses to be questioned and 446 documents to be viewed.
According to the NIA, the appellant entered India through illegal means and then conspired with others to revive the LTTE.
The NIA also accused him of purchasing weapons for the purpose of waging war against Sri Lanka, raising money through drug and arms trade and investing the proceeds of his crimes in properties in Tamil Nadu.
Sakunam moved to the High Court after the special court rejected his bail application in April 2024.
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