Nedumbassery FICN case: Kerala High Court's verdict on UAPA provisions a setback for NIA

KOCHI: The High Court's restriction on slapping UAPA provisions on accused in fake note smuggling offences committed before the enforcement of the latest amendments to the Act has come as a major setback to NIA. The agency feels the verdict will adversely affect several cases, including the Nedumbassery fake Indian currency notes (FICN) case.

“If UAPA provisions are not applied to such cases, chances of the accused persons getting bail are high. It will also affect the investigation,” said an NIA officer.

While such 'pre-enforcement' offences won't attract UAPA provisions, the accused can still be charged under IPC Section 489B (Using as genuine, forged or counterfeit currency-notes or banknotes) and 489C (Possession of forged or counterfeit currency notes or banknotes). Still, the NIA is planning to file an appeal against the Full Bench order.

Of the three-judge Full Bench which passed the verdict, only Justice P Somarajan dissented from the views of the other two judges, Justice A M Shaffique and Justice P Ubaid.

Justice Somarajan observed the circulation, production or smuggling of counterfeit Indian notes – no matter their quality – would come under the purview of the 'terrorist act' defined under Section 15 of UAPA even before its amendment, if they were capable of destroying, reducing or damaging the value of Indian currency.

The charges framed against the accused under Section 16 of UAPA suffered no legal or jurisdictional infirmity, as they were based on the alleged commission of the offence of a terrorist act, defined in the section.

“The said amendment enforced since February 1, 2013, is only a clarification in view of the production, smuggling and circulation of high quality counterfeit Indian currency notes. It really amounts to giving more emphasis on the commission of 'terrorist act' by damaging the monetary stability of India through such an act. In this case (Nedumbassery FICN), it was alleged high-quality counterfeit Indian notes printed in Pakistan and routed through another country were brought here,” Justice Somarajan said.