2012 Supreme(Gau) 1185
IN THE HIGH COURT OF GAUHATI
Iqbal Ahmed Ansari and Arun Chandra Upadhyay, JJ.
Oinam Moniton Singha – Appellants
Vs.
National Investigating Agency – Respondent
Crl. Appeal No. 189 of 2011
Decided On: 09.10.2012
For Appellant/Petitioner/Plaintiff:Mr. D.K. Mishra, Sr. Advocate, Mr. A. Talukdar, Mr. K.K. Kalita, Mr. M.J. Nurnummawi, Mr. B. Prasad, Mr. J.P. Das and Mr. H.N. Baishnav
For Respondents/Defendant: Mr. D.K. Das, SC, NIA and Ms. C. Patowary
Headnote:
National Investigation Agency Act, 2008 - Section 21(4) - Unlawful Activities (Prevention) Act, 1967 - Sections 16/17/18/20 - Criminal conspiracy to wage war against India - Heinous terrorist - Appellant was arrested, in connection with the afore-noted case and he has been in jail custody for nearly two years - On earlier occasion, appellant had filed a bail application, which gave rise to Misc. Case - However, by order, said bail application was rejected by Special Judge, NIA. Against the said order, appellant preferred an appeal before this Court, which came to be registered as Crl. Appeal - Appeal was rejected by this Court by order - Held, Special Court was well within its jurisdiction, in the present case, in not granting bail to the present appellant inasmuch as learned Special Court stood disempowered by proviso to Section 43D(5) of UAP Act, from allowing the appellant to go on bail. To put it a little differently, learned Special Court did not commit any illegality in rejecting present appellants application for bail and the accused-appellants rejection of bail by the learned Special Court does not warrant any interference by High Court in exercise of its appellate jurisdiction - Appeal dismissed.
Arun Chandra Upadhyay, J.
1. Accused-appellant has filed this appeal, under Section 21(4) of the National Investigation Agency Act, 2008 (in short, "NIA Act'), against the order, dated 13.09.2011, passed by the learned Special Judge, NIA, Assam, Guwahati, in Misc. Bail Application No. 24/2011, in connection with Special NIA Case No. 1/2010, under Sections 16/17/18/20 of Unlawful Activities (Prevention) Act, 1967 (in short, 'UA(P) Act'), arising out of Noonmati Police Station Case No. 159/2010 registered under Section 120(B)/121/121(A)/122 of IPC, read with Section 10/13 of UA(P) Act, whereby the prayer of the accused-appellant, Oinam Moniton Singha, to allow him to go, on bait, was rejected.
The brief facts of the case are as follows:
The appellant was arrested, on 8.9.2010, in connection with the afore-noted case and he has been in jail custody for nearly two years. On earlier occasion, the appellant had filed a bail application, which gave rise to Misc. Case No. 2/2010. However, by order, dated 07.10.2010, the said bail application was rejected by the learned Special Judge, NIA. Against the said order, dated 7.10.2010, the appellant preferred an appeal before this Court, which came to be registered as Crl. Appeal No. 162/2010. The appeal was rejected by this Court by order, dated 08.11.2010.
2. On 14.02.2011, the National Investigating Agency submitted its charge-sheet in NIA Case No. 1/2010. All necessary papers and relevant documents, relied upon by the prosecution, were supplied to the accused on 07.03.2011. Thereafter, the appellant filed a fresh application before the learned Special Judge, NIA, which came to be registered as Bail Application No. 24/2011. However, by order, dated 13.09.2011, the learned Special Judge, NIA, rejected the said bail application and it is against this order of denial of bail that the appellant has preferred the present Appeal.
3. It may also be indicated herein that during the pendency of the present appeal, the NIA has further submitted, in the month of February, 2012, a supplementary charge-sheet in the aforesaid case.
4. The facts, as disclosed during investigation of the case and as projected by the prosecution, may be stated as follows:-
(i) The case, which has led to filing of the present appeal, is registered against the members of a proscribed terrorist outfit, namely, United Liberation front (hereinafter referred as 'UNLF'), involved in criminal conspiracy to wage war against India by indulging in fund raising and heinous terrorist acts threatening the unity, integrity, security and sovereignty of India by striking terror by causing death and injury to people, loss, damage and destruction of property, both private and public.
(ii) The UNLF is declared as a terrorist organization in terms of the Schedule to the UA(P) Act 1967 as amended by Act 35 of 2008.
(iii) The UNLF, as a terrorist organization, is involved, in Manipur, in several violent incidents of maiming, murder, kidnapping, weapon-snatching, extortion and so on. During the course of investigation, details of 149 violent incidents, committed by UNLF, were obtained from the lawful retrieval of e-mail communications of the accused persons. Moreover, further FIRs, relating to 29 cases of the 149 incidents mentioned above, have been obtained, which have established that the members of UNLF have been indulging in terrorist acts in pursuance of UNLFs stated objective of fighting the Indian State.
(iv) The UNLF, as a terrorist organization, collects funds for its terrorist activities from public functionaries, Governments servants working in various departments including, but not limited to, Public Works Department. Flood Control Department, Food Corporation of India, etc. The UNLF forces them to part with a percentage of food grains as well as government money by threatening to kill them and thus, indulges in extortion. UNLF also overawes, by means of criminal force and show of criminal force, such as, throwing of grenades at public