Saddam Hussain Mk vs Union Of India on 19 May, 2025

Supreme Court – Daily Orders

Saddam Hussain Mk vs Union Of India on 19 May, 2025

Author: Abhay S. Oka

Bench: Abhay S. Oka

                                         IN THE SUPREME COURT OF INDIA
                                        CRIMINAL APPELLATE JURISDICTION


                                  CRIMINAL APPEAL NO.2717 OF 2025
                         (Arising out of S.L.P.(Criminal) No.9623 of 2024)


                         SADDAM HUSSAIN MK & ORS.                                 ... APPELLANT(S)

                                                                     VS.


                         UNION OF INDIA                                          ... RESPONDENT(S)
                                                            O R D E R

Leave granted.

Heard the learned senior counsel appearing for the

appellants and the learned Additional Solicitor General

appearing for the respondent.

The learned senior counsel appearing for the

appellants states that the appellants will not press

SLP(Criminal)No.4384 of 2024 which is listed tomorrow

i.e. 20th May, 2025.

The appellants are being prosecuted for the

offences punishable under Sections 13, 18 and 20 of the

Unlawful Activities (Prevention) Act, 1967, Sections

153A, 120B, 34, 118, 119, 109, 115, 143, 144, 147, 148,

449, 341, 201, 212, 302 read with Section 149 of the

Indian Penal Code, 1860 and Section 3(a)(b)(d) read with
Signature Not Verified

Digitally signed by
ANITA MALHOTRA
Section 7 of the Religious Institutions (Prevention of
Date: 2025.05.21
16:54:20 IST
Reason:

Criminal Appeal arising out of SLP(Crl.) No.9623/2024 Page 1 of 5
Misuse) Act, 1988.

The learned Additional Solicitor General appearing

for the respondent submits that there are very serious

allegations against these three appellants. He submitted

that it is at the instance of these three appellants and

the others that the proceedings of the case did not make

any progress, as there is a stay granted in the Special

Leave Petition filed by the appellants and others. He

submitted that the delay cannot be attributed to the

respondent.

The first appellant has undergone incarceration for

a period of 3 years and 25 days. The same is the case

with the second appellant. The third appellant has

undergone incarceration for a period of 2 years and 6

months. The only antecedents against the first and the

second appellants are under Section 151 of the Code of

Criminal Procedure, 1973. There is no antecedents

reported against the third appellant.

On a petition filed by these appellants, this Court

granted stay of the proceedings. Therefore, this fact

cannot be held against the appellants. There are more

than 1000 prosecution witnesses cited, out of which

approximately 400 prosecution witnesses will be examined,

as stated by the learned Additional Solicitor General.

Considering the nature of the allegations against the

appellants and considering the fact that the trial is not

Criminal Appeal arising out of SLP(Crl.) No.9623/2024 Page 2 of 5
likely to commence in near future, the appellants are

entitled to be enlarged on bail on appropriate stringent

terms and conditions, pending trial.

For that purpose, the appellants shall be produced

before the Special Court within a maximum period of one

week from today. The Special Court shall enlarge the

appellants on bail on stringent terms and conditions.

The learned counsel for the respondent shall be heard

before fixing the terms and conditions.

The appeal is accordingly allowed.

……………………..J.
(ABHAY S.OKA)

……………………..J.
(UJJAL BHUYAN)

NEW DELHI;

May 19, 2025




Criminal Appeal arising out of SLP(Crl.) No.9623/2024        Page 3 of 5
ITEM NO.58                      COURT NO.3                      SECTION II-B

                  S U P R E M E C O U R T O F               I N D I A
                          RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.)                No(s).    9623/2024

[Arising out of impugned final judgment and order dated 25-06-2024
in CRLA No. 1441/2023 passed by the High Court of Kerala at
Ernakulam]

SADDAM HUSSAIN MK & ORS. Petitioner(s)

VERSUS

UNION OF INDIA Respondent(s)

(IA No. 122786/2025 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)

WITH SLP(Crl) No. 11932/2024

Date : 19-05-2025 These matters were called on for hearing today.

CORAM :

HON’BLE MR. JUSTICE ABHAY S. OKA
HON’BLE MR. JUSTICE UJJAL BHUYAN

For Petitioner(s) :

Dr. Aditya Sondhi, Sr. Adv.
Mr. Raghenth Basant, Sr. Adv.
Mr. Vishnu P, Adv.

Mr. Haris E A, Adv.

Mr. A. Karthik, AOR
Mr. Anubhav Kumar, Adv.

Mr. Haris Ea, Adv.

Ms. Smrithi Suresh, Adv.
Mr. Akshay Sahay, Adv.

Ms. Kaushitaki Sharma, Adv.
Ms. Hima Bhardwaj, Adv.

For Respondent(s) :

Mr. Rajkumar Bhaskar Thakare, A.S.G.
Mr. T.S.Sabarish, Adv.

Mr. Annirudh Sharma-(ii), Adv.
Mr. Rajat Nair, Adv.

Mr. Raghav Sharma, Adv.

Mr. Vishnu Shankar Jain, Adv.
Ms. Astha Singh, Adv.

Criminal Appeal arising out of SLP(Crl.) No.9623/2024 Page 4 of 5

Mr. Mrigank Pathak, Adv.

Mr. Bhuvan Kapoor, Adv.

Mr. Arvind Kumar Sharma, AOR

UPON hearing the counsel the Court made the following
O R D E R

SLP(Criminal)No.9623 of 2024

Leave granted.

The appeal is allowed in terms of the signed order.

The appellants shall be produced before the Special

Court within a maximum period of one week from today.

The Special Court shall enlarge the appellants on bail on

stringent terms and conditions. The learned counsel for

the respondent shall be heard before fixing the terms and

conditions.

Pending application also stands disposed of.

SLP(Criminal)No.11932 of 2024

List on 21st May, 2025.

(ANITA MALHOTRA)                           (AVGV RAMU)
   AR-CUM-PS                              COURT MASTER

(Signed order in Crl.Al.@ SLP(Crl.)No.9623/2024
is placed on the file.)

Criminal Appeal arising out of SLP(Crl.) No.9623/2024 Page 5 of 5