New Delhi [India], April 3 (ANI): The Delhi High Court on Wednesday rejected the appeal of Moirangthem Anand Singh, a senior member of the People Liberation Army (PLA), a banned organisation. He was arrested by the NIA in connection with an FIR lodged for investigation of Manipur violence in 2023 and belongs to the Meitei community.
His bail application was earlier dismissed by the trial court in August 2024, which he had challenged.
The NIA emphasised that persons like the appellant were the reason for persisting law and order problems in Manipur.
The division bench of Justices Prathiba M Singh and Amit Sharma dismissed Moirangthem Anand Singh’s appeal after considering the situation in Manipur, the allegations against him, and his influence.
“Considering the volatile situation that exists in Manipur and the circumstances that had earlier led to his release on bail, including the protests, it can clearly be said that enlarging the Appellant on bail would not only entail flight risk but also the possibility of witnesses being influenced in the present case as also deterioration of law and order,” division bench said in the judgement passed on Wednesday.
While dismissing the appeal, the High Court said, “Considering the totality of the circumstances, this Court is of the view that the Appellant is not entitled to bail at this stage upon weighing in the following factors that the Prosecution has established a prima facie case against the
Accused/Appellant, supported by material evidence indicating his involvement in the alleged offences.”
The court also noted that the nature and gravity of the allegations levelled against the Appellant are serious, involving offences that have far-reaching implications for public order and national security.
The High Court also held that the appellant had failed to satisfy the parameters laid down under the tripod test related to the seriousness of the offence, the possibility of influencing witnesses or tampering with evidence, and the likelihood of fleeing from justice.
The court further noted that the specific allegation against the Appellant is that he is a senior member of the People Liberation Army (PLA), which he joined in 1996. The PLA is a proscribed terrorist organisation listed in the First Schedule of the UAPA.
NIA had opposed the appeal. Special public prosecutor Rahul Tyagi had appeared for the NIA.
He argued that the prima facie case under Section 43D(5) of UAPA is easily made out considering the several grave circumstances under which the Appellant was arrested. The Appellant was arrested wearing camouflaged dresses and in possession of weapons looted from the State Armoury.
“This, in itself, establishes a prima facie case against the Appellant for conspiracy under Section 18 of UAPA,” SPP argued.
It was further argued that the appellant yields enormous influence in the local area, which can be gauged from the fact that immediately upon his arrest, there was almost a local bandh and complete collapse of law and order.
The concerned police station was stormed. There was an apprehension that the local police station could even be burned down. This shows the extent of influence that the Appellant wields, the SPP submitted.
It was submitted that the appellant, if released, could cause substantial damage both to the investigation and the law and order situation in Manipur.
Moirangthem Anand Singh had moved an appeal challenging the order of August 24, 2024, by which the Special NIA Court dismissed his bail application.
The counsel for the petitioner submitted that the prima facie case under Section 43D(5) of UAPA is not made out. Based on the evidence placed on record, the Appellant, at best, could have been stated to be a volunteer who was working for the protection of the villagers belonging to his Meitei community. He was merely safeguarding the interests of the local people as the central security forces were not doing their duty.
This appeal was filed against the backdrop of the conflict between the Meitei and Kuki communities in Manipur.
The High Court noted that, at the relevant time, there were reports of several government armouries being looted by mobs in 2023.
In this regard, various FIRs were filed by the Manipur State Police. One such FIR was filed by PS Heingang in respect of an incident of looting from the Arms Kote of Manipur Police Training College, Pangei (MPTC). The same was thereafter transferred to CBI and was re-registered on June 9, 2023, as CBI FIR.
Thereafter another FIR, by the NIA was registered on July 19, 2023 under Sections 120B,121A and 122 IPC and Sections-18,18B and 39 of Unlawful Activities (Prevention) Act, 1967 (hereinafter ‘UAPA’) based on certain intelligence about a transnational conspiracy being executed in Manipur which was alleged to be abetted by Myanmar-based terror outfits aiming to wage war against the Government of India.
The NIA stated that on September 3, 2023, owing to the continued disturbances in the State of Manipur, the District Magistrate of Imphal East promulgated Section 144 of Cr.P.C in Imphal East.
During the said period, on September 6, 2023, at about 20:00 hours, the team of Special Commando Unit of Manipur Police was deployed for checking and frisking duty of passing vehicles at Kongba Wangkhei Road near Meitei Mayek High School.
During one such check, the team is said to have intercepted a vehicle in which the appellant and four other individuals were caught wearing camouflaged clothes (resembling CDO, Manipur Police Uniform) along with various weapons.
However, he was granted bail in the FIR registered at Manipur in September 2023. He was arrested the same day by the NIA. (ANI)
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