THWAHA FASALversusUNION OF INDIA
2021 INSC 68828 October 2021Disposed off
The Supreme Court examined bail applications of two accused under the Unlawful Activities (Prevention) Act, 1967 (UAPA) for alleged offences under Sections 38, 39 and 13. The Court held that the charge‑sheet material did not show reasonable grounds to believe that the accusations under Sections 38 and 39 were prima fac…
VERNONversusTHE STATE OF MAHARASHTRA & ANR.
2023 INSC 65528 July 2023Appeal(s) allowed
The case arose from the Bhima‑Koregaon violence of December 2017, after which the National Investigation Agency (NIA) expanded the investigation, searched the residences of several activists and arrested Vernon Gonsalves and Arun Ferreira. The prosecution alleged that the two were members of the banned CPI (Maoist) and…
REPUBLIC OF ITALY & ORS.versusUNION OF INDIA & ORS.
2013 INSC 28226 April 2013Disposed off
Two Italian marines were arrested by Kerala police for killing two Indian fishermen 20.5 nautical miles off the Kerala coast. The Supreme Court earlier held that the State of Kerala lacked jurisdiction and that only the Union of India could investigate and try the marines, pending a determination of the applicability o…
FULESHWAR GOPEversusUNION OF INDIA & ORS.
2024 INSC 71823 September 2024Dismissed
The appellant, Fuleshwar Gope, was alleged to be a director of a company used to collect funds for the People’s Liberation Front of India and was charged under the Unlawful Activities (Prevention) Act (UAPA). He challenged the sanction order, arguing violations of statutory timelines, lack of independent review, misjoi…
UNION OF INDIA REP. BY THE INSPECTOR OF POLICE NATIONAL INVESTIGATION AGENCY CHENNAI BRANCHversusBARAKATHULLAH ETC.
2024 INSC 45222 May 2024Appeal(s) allowed
The National Investigation Agency (NIA) investigated members and office bearers of the Popular Front of India (PFI) for alleged offences under the IPC and the Unlawful Activities (Prevention) Act (UAPA), including conspiracy, recruitment, and weapons training aimed at establishing an Islamic state. The respondents were…
NASER BIN ABU BAKR YAFAIversusTHE STATE OF MAHARASHTRA & ANR.
2021 INSC 64920 October 2021Dismissed
An FIR was lodged on 14 July 2016 alleging that the accused had links with ISIS and were planning bombings under the UAPA. The Anti‑Terrorism Squad (ATS) of Nanded began investigation, arrested four persons and, on 8 September 2016, the Central Government directed the National Investigation Agency (NIA) Mumbai to take …
SAYED MOHD. AHMED KAZMIversusSTATE, GNCTD & ORS.
2012 INSC 48719 October 2012Appeal(s) allowed
The appellant, Sayed Mohd. Ahmed Kazmi, was arrested in connection with an alleged bomb attack and was placed in police and then judicial custody. After the initial 90‑day period expired, the Chief Metropolitan Magistrate extended his custody for another 90 days with retrospective effect, despite the appellant's pendin…
THE STATE OF WEST BENGALversusJAYEETA DAS
2024 INSC 31318 April 2024Appeal(s) allowed
The State of West Bengal appealed against a Calcutta High Court order that quashed the addition of Unlawful Activities (Prevention) Act (UAPA) offences to an IPC case and set aside extensions of remand. The investigation, conducted by the State police, led the Chief Judge of the City Sessions Court to permit inclusion …
ANKUSH VIPAN KAPOORversusNATIONAL INVESTIGATION AGENCY
2024 INSC 98616 December 2024Dismissed
The petitioner was arrested in Punjab for alleged NDNDPS offences and was granted bail, which was later cancelled by the High Court after the National Investigation Agency (NIA) took over the investigation of related scheduled offences under the UAPA. The Central Government, invoking Section 6(5) and Section 8 of the N…
STATE OF ANDHRA PRADESH THROUGH I.G. NATIONAL INVESTIGATION AGENCYversusMD. HUSSAIN @ SALEEM
2013 INSC 61613 September 2013Dismissed
The accused, MD Hussain, was charged with offences under the Maharashtra Control of Organised Crime Act, the Unlawful Activities (Prevention) Act and other statutes, and the investigation was taken over by the National Investigation Agency (NIA). He filed a bail application before a single judge of the Bombay High Cour…
BIKRAMJIT SINGHversusTHE STATE OF PUNJAB
2020 INSC 58912 October 2020Appeal(s) allowed
A hand grenade attack at a public gathering in Amritsar resulted in three deaths and 22 serious injuries. Bikramjit Singh was arrested, remanded to custody, and after 90 days (which expired on 21‑02‑2019) he applied for default bail; the Sub‑Divisional Judicial Magistrate dismissed the application, claiming he had alre…
MOHAMMED ASARUDEENversusUNION OF INDIA & ORS
2025 INSC 7466 May 2025Appeal(s) allowed
The appellant, accused in a NIA case, challenged an order of the Special Court that granted witness protection to a large number of witnesses under sub‑section 2 of section 44 of the UAPA and the corresponding provision in the NIA Act, without recording individual satisfaction for each witness. The High Court upheld mo…
SHOMA KANTI SENversusTHE STATE OF MAHARASHTRA & ANR.
2024 INSC 2695 April 2024Appeal(s) allowed
Shoma Kanti Sen was arrested in June 2018 in connection with the Elgar Parishad event and charged under the Indian Penal Code and the Unlawful Activities (Prevention) Act, 1967 (UAPA). The High Court dismissed her bail application, directing her to approach the trial court, after the investigation was transferred to th…
JAVED GULAM NABI SHAIKHversusSTATE OF MAHARASHTRA AND ANOTHER
2024 INSC 6453 July 2024Appeal(s) allowed
Javed Gulam Nabi Shaikh was arrested in February 2020 with a large consignment of counterfeit currency and charged under Sections 489B, 489C, 120B read with 34 of the IPC and the Unlawful Activities (Prevention) Act, 1967. The investigation was taken over by the NIA and, after four years of custody, the trial court had…
NATIONAL INVESTIGATION AGENCYversusZAHOOR AHMAD SHAH WATALI
2019 INSC 4562 April 2019Appeal(s) allowed
The National Investigation Agency (NIA) sought to deny bail to Zahoor Ahmad Shah Watali, accused No.10 in a case under the Unlawful Activities (Prevention) Act, 1967 (UAPA) and several IPC offences, alleging he was a key fund‑raiser for terrorist activities. The Delhi High Court granted bail, holding that the charge‑sh…
ASHIM @ ASIM KUMAR HARANATH BHATTACHARYA @ ASIM HARINATH BHATTACHARYA @ ASEEM KUMAR BHATTACHARYAversusNATIONAL INVESTIGATION AGENCY
2021 INSC 8131 December 2021Appeal(s) allowed
The appellant, Ashim Kumar Haranath Bhattacharya, was arrested in July 2012 under the National Investigation Agency (NIA) Act for offences including conspiracy, waging war, and violations of the Arms and Explosive Substances Acts. Although the charge sheet was filed in 2012, charges were only framed in 2019 and the tri…
PRADEEP RAMversusTHE STATE OF JHARKHAND & ANR.
2019 INSC 7061 July 2019Dismissed
The appellant, Pradeep Ram, was granted bail in 2016 for offences under the IPC, Arms Act and Criminal Law Amendment Act. Subsequent addition of serious offences under the Unlawful Activities (Prevention) Act led the investigating agency to seek his arrest and the Special NIA Judge remanded him to judicial custody. The…
JUDGEBIR SINGH @ JASBIR SINGH SAMRA @ JASBIR & ORS.versusNATIONAL INVESTIGATION AGENCY
2023 INSC 4721 May 2023Dismissed
The appellants were arrested in 2019 for offences under the IPC, UAPA and the Explosive Substances Act and a chargesheet was filed within the 180‑day period prescribed under Section 167(2) of the CrPC. They applied for statutory/default bail on the ground that the chargesheet was filed without a sanction order, arguing…
UNION OF INDIAversusK. A. NAJEEB
2021 INSC 501 February 2021Dismissed
The National Investigation Agency (NIA) appealed against the Kerala High Court’s order granting bail to K. A. NajeeB, who was charged under multiple IPC offences, the Explosive Substances Act and several provisions of the Unlawful Activities (Prevention) Act (UAPA). The High Court had released the undertrial on bail, c…