In a significant ruling, the Delhi High Court has dismissed the bail appeal in the NSCN (IM) terror fund case. The case involves serious allegations of raising funds for the terrorist group NSCN (IM) and concealing terrorist funds. The court’s decision carries far-reaching implications in the fight against terrorism. Stay tuned for more updates on this case.
Facts
- The RLC found that there are reasonable grounds for believing that the accusations against the accused are prima facie true.
- The involvement of the accused in the alleged offences seem to be quite substantial.
- The RLC noted that the explosive substances recovered from the accused’s possession form a crucial part of the case.
- Considering the seriousness of the alleged offences and the materials on record, bail cannot be granted at this stage.
- The RLC opined that it would not be appropriate to grant bail to the accused given the nature and gravity of the case.
- Both A-1 and A-2 were charge-sheeted for various offences under IPC and UAPA for their involvement in the terrorist gang NSCN (IM).
- A-1 revealed receiving Rs. 72 lakhs from Mr. Th. Muivah to deliver to Ms. Muivah and for personal use.
- A-1 tried to conceal terror fund by fake investments in land and withdrew money even after arrest.
- A-2, brother-in-law of A-1, actively assisted in raising terrorist fund for NSCN (IM) and contrived a network for extortion money collection.
- A-1 extended loans ‘on paper’ through a society for employment, using bank accounts of associates, including A-2 and A.J. Agency.
- The investigation revealed A-2’s involvement in dealing with extortion money and efforts to hide it by opening new bank accounts.
- A-1 admitted membership in the terrorist organization and her husband’s role as ex-Army chief, with contacts in China for ‘Naga cause’.
- Incriminating articles recovered from A-1’s house, cash meant for NSCN (IM) operations, and withdrawals for terrorist gang cadres were found.
- The case was registered by Special Cell and taken over by NIA for further investigation.
Analysis
- A-2 had filed a similar appeal under Section 21(4) of NIA which was dismissed.
- NSCN (IM) not declared a terrorist organization, but A-2 is accused of involvement in a criminal conspiracy to raise terror funds for NSCN (IM).
- A-2 engaged in activities to conceal extortion money, open bank accounts, and divert funds to conceal his involvement.
- Ceasefire agreements and MoUs do not absolve A-2 of criminal charges.
- A-2, a government employee, has been in incarceration since 07.02.2020.
- A-2’s reliance on the ceasefire agreement is contradicted by the acknowledged forcible money collection by NSCN.
- A-2 cannot evade liability by claiming bank accounts were managed by his co-accused.
- A-2 is charged with multiple offenses under UAPA, IPC for concealing terrorist funds.
- Around 31 witnesses have already been examined in the ongoing trial.
- A-2 faces charges for offenses under Sections 120-B, 384 IPC, UAPA, and IPC.
- Allegations suggest A-2 is concealing terrorist funds fraudulently.
- Witness statements under Section 161 Cr.P.C indicate appellant’s involvement in offence under UAPA
- As a government servant, appellant should have been vigilant about financial transactions
- Appellant’s verbal denial of involvement in managed accounts is insufficient
- Observations made only for bail consideration
- No merit found in the appeal, therefore dismissed
Decision
- The observations made in the preceding paragraphs are not a final decision on the case.
- Further clarification or discussion may be needed before reaching a final verdict.
Case Title: MASASASONG AO Vs. NATIONAL IINVESTIGATION AGENCY (2024:DHC:4028-DB)
Case Number: CRL.A.-244/2023
