The three were arrested by the National Investigation Agency (NIA) in March 2024 under the Unlawful Activities (Prevention) Act (UAPA) for allegedly raising funds for the banned United National Liberation Front (UNLF) through extortion, recruiting cadres, and procuring weapons to foment violence in Manipur by fueling ethnic strife
TFM Report
The Delhi High Court, in a ruling by Justice Anup Jairam Bhambhani, has nullified the arrests of Thokchom Shyamjai Singh, Laimayum Anand Sharma, and Ibomcha Meitei. The three were arrested by the National Investigation Agency (NIA) in March 2024 under the Unlawful Activities (Prevention) Act (UAPA) for allegedly raising funds for the banned United National Liberation Front (UNLF) through extortion, recruiting cadres, and procuring weapons to foment violence in Manipur by fueling ethnic strife.
The petitioners had challenged the orders remanding them to NIA custody, along with subsequent judicial custody orders issued by the Special Court under the subject FIR. In its ruling, the Delhi High Court noted that despite the seriousness of the charges, the NIA failed to comply with the legal requirement of serving the accused with written grounds of arrest at the time of their detention or later. The court observed that notwithstanding the seriousness of the allegations made against the petitioners, there was only one inference that could be drawn, namely that the NIA failed to comply with the mandate of serving the grounds of arrest in writing, whether at the time of arrest or later, whether in the arrest memos or in the remand applications.
The court ruled that oral explanations did not fulfill the legal requirement and rejected the NIA’s argument that the grounds were later included in remand applications. It further highlighted that the NIA had failed to secure a transit remand order before moving the accused from Imphal, Manipur, to Delhi, depriving them of legal representation at a crucial stage. The agency had argued that the Prabir Purkayastha judgment, which mandates written grounds for arrest, was delivered two months after their arrest and should not apply retroactively. However, the High Court ruled that the precedent does apply in this case.
The NIA also claimed that the nature of the custody under a specific CrPC provision did not require serving written grounds of arrest. The court dismissed this argument, stating that the NIA must remind itself that a constitutional mandate cannot be circumvented by resorting to jugglery of statutory provisions. As a result of the ruling, the arrests have been set aside, and the court ordered the immediate release of the three accused unless they are required in other cases. However, the investigation against them continues, and they may still face prosecution if new evidence is presented.
The NIA has alleged that the accused, who reportedly include the Chief of Army, Chief of Intelligence, and a UNLF member, were part of a transnational conspiracy orchestrated by Myanmar-based terror outfits to exploit Manipur’s ethnic unrest and wage war against the Government of India. The agency has filed a chargesheet against them under Sections 120-B, 121-B, and 122 of the IPC, related to criminal conspiracy and waging war against India, and Sections 18/18-B and 39 of the UAPA, related to conspiracy, recruitment, and providing support to a terrorist organization. Additionally, the Enforcement Directorate (ED) had initiated a money laundering case based on the NIA’s investigation, leading to the arrest of at least two of the accused in October 2023, with a chargesheet filed in December 2023.
While the court has set aside their arrests, this does not equate to acquittal or dismissal of charges. The accused remain under investigation, and authorities may re-arrest them if fresh evidence justifies it.