The high court has dismissed the petitions filed by two persons from Kerala and another person from Madikeri, in connection with two cases registered against them under the Unlawful Activities Prevention Act (UAPA), 1967.
The case against the petitioners was of threatening the complainants for giving evidence against People's Democratic Party (PDP) leader Abdul Nasir Madani and T Nasir, accused in the 2008 Bengaluru serial blast case.
The criminal petitions were filed by K K Shahina, a resident of Kochi, Suber Padupu, a resident of Kasargod and Ummar Moulvi, a resident of Yalavidahalli in Madikeri taluk. The petitioners claimed that the sanction granted for their prosecution was defective. The Principal District and Sessions judge, Madikeri, had rejected their applications seeking discharge from the cases in 2018.
The complainants K B Rafiq and Yoganand, both from Somwarpet taluk, stated that Shahina and her accomplices had threatened them on November 16, 2010 of dire consequences for giving oral evidence against Abdul Nasir Madani and T Nasir.
Appearing for the state government, Additional Advocate General R Subramanya submitted that the sanctioning authority has perused the documents and other materials relied upon by the prosecution before according to the sanction order.
The court dismissed the petitions noting that petitioners cannot go into the mind of the authority to say that they have not reviewed the material or the authority has not followed the procedure as mentioned under sub-section 2 of Section 45 of UAPA at the time of sanction.
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