The Kerala High Court has granted bail to a Sri Lankan national and Chennai-based refugee booked under the Unlawful Activities (Prevention) Act (UAPA), noting that he had been in judicial custody for over four years and the trial was unlikely to begin soon. The Court held that the right to a speedy trial under Article 21 of the Constitution extends to non-citizens as well.
A Division Bench of Justices Sushrut Arvind Dharmadhikari and P. V. Balakrishnan granted relief to 33-year-old Satkunam alias Sabesan, who is suspected of being associated with the outer security wing of former LTTE chief V. Prabhakaran.
The Court recorded that the appellant had been in custody since October 2021 and had completed more than four years and four months in prison. Relying on a report from the Special Court for NIA cases in Ernakulam, the Bench noted that the trial was not likely to commence in the near future and, even if it began in January 2027, it would take until December 2027 to conclude.
The Special Court’s report indicated that the prosecution proposed to examine 209 witnesses and rely on 446 documents, contributing to the delay.
Observing that continued incarceration in such circumstances would be unjustified, the Bench said:
“.. we are of the considered view that this is a fit case where the appellant can be granted the relief as sought for by him.”
Rejecting the Centre’s objection that UAPA provisions create a bar on granting bail, the High Court emphasised the constitutional guarantee of a speedy trial.
The Bench held:
“The meaning of the word ‘life’ in Article 21 cannot be narrowed down and it is available not only to every citizen of the country, but also to a person, who may not be a citizen of the country.”
The Court directed that the appellant be released on bail upon executing a bond of ₹1 lakh with two solvent sureties to the satisfaction of the Special NIA Court.
It imposed several conditions, including:
- He shall not leave Kerala without prior permission of the Special Court
- He must surrender his passport
- He shall provide his complete residential address to the NIA
- He shall use only one mobile number, to be kept active and shared with the investigating officer
- He must report before the jurisdictional Station House Officer on the first and third Saturdays of every month
- He shall not tamper with evidence or influence witnesses
According to the NIA, Satkunam had illegally entered India and conspired with others to revive the LTTE. The agency alleged that he procured arms for waging war against Sri Lanka, raised funds through drug and weapons trafficking, and invested the proceeds in properties in Tamil Nadu.
His earlier bail plea had been rejected by the Special Court in April 2024, following which he approached the High Court.
Taking note of prolonged custody, the anticipated delay in trial, and the constitutional mandate of a speedy trial, the Kerala High Court granted bail subject to stringent conditions, holding that the protection of Article 21 is available to all persons, irrespective of citizenship.
