Delhi High Court: In a bail application by the appellant who was accused of being a member of the National Socialist Council of Nagaland (Isak-Muviah) (‘NSCN-IM’), and of extorting money for terrorist activities, the Division Bench of Suresh Kumar Kait and Manoj Jain, JJ. dismissed the application while stating that being a government employee, the appellant cannot be allowed to run from the clutches of law.
Background
On 17-12-2019, a lady passenger (A-1) who was travelling from New Delhi to Dimapur was halted by the Central Industrial Security Force (‘CISF’) Security Personnel at the Delhi Domestic Airport where she was found carrying Rs. 72 lakhs in cash and since she could not explain the source of the money, the Income Tax Authorities concerned were intimated.
The Income Tax team recorded her statement under Section 131(1A) of the Income Tax Act, 1961 where she claimed that the cash belonged to the NSCN-IM and was meant for their cadres to use for carrying out terrorist activities in India. The case was registered by the Special Cell and was eventually taken up by the National Investigation Agency for further investigation.
It was revealed by A-1 that she received the amount from the residence of Mr. Th. Miuvah with a direction to deliver Rs. 70 lakhs to Ms Muivah and to keep Rs. 2 lakhs with herself for personal expenses. She also disclosed that she was a member of the terrorist organization and that her husband was its Ex-Army Chief and admitted that her husband had gone to China in October 2019 to bring aid for their fight against India in the ‘Naga Cause’.
The investigation revealed that the terrorist gang had a trained army with sophisticated weaponry and had usurped the legislative functions of the State by enacting its own ‘Naga Army Act’. They were running a parallel government, and the investigation indicated that the money was collected from civilians and businessmen by creating terror in their minds.
The appellant (A-2) herein, was the brother-in-law of A-1 and also alleged to be a member of the said terrorist gang. He was actively assisting A-1 in raising the terrorist fund. After his arrest, it was found that a sophisticated network had been created to systematically extort money for the terrorist fund.
A-2 had opened a savings bank account for dealing with the extortion money and indulged in forged land deals in an attempt to invest the extortion money to escape the scrutiny of law enforcement agencies. A-1 and A-2 were charge-sheeted for committing offences under Sections 120-B, 201, 384, 465, and 467 of the Penal Code, 1860 (‘IPC’) and Sections 17, 18, 20, and 21 of Unlawful Activities (Prevention) Act, 1976 (‘UAPA’).
The Trial Court ascertained charges vide order dated 15-09-2022 and the appellant was charged for offences under Section 120-B read with Section 384 of IPC and Sections 17, 18, 20, and 21 of the UAPA along with offences under Sections 201, 465, and 467 of IPC. On 12-12-2022, an order was passed whereby the bail application of both accused was dismissed under Section 43(D)(5) of UAPA.
It was contended before the Court that there was a ‘Ceasefire Agreement’ after which a Memorandum of Understanding was signed including a Framework Agreement between the Government and NSCN as peace talks were going on which was sufficient to show that it was not a terrorist organisation.
Analysis and Decision
The Court stated that even if there existed such an agreement as mentioned before, it did not give any right to any person to conceal the funds meant for any terrorist gang. Further, the Court stated that even in the ceasefire agreement, the Government had expressed its concern about the forcible collection of money, and it was admitted by National Socialist Council of Nagaland (‘NSCN’) that such activities would be stopped. Moreover, the agreement was with NSCN, and it seemed that there was a split and the organisation in question was not NSCN but NSCN-IM.
Further, the Court stated that it did not matter if the organization had so far not been declared as a terrorist gang since such a declaration would never be a pre-requisite for a prosecution like this. The Court said that the allegations were very specific and there was a criminal conspiracy amongst all the accused for raising and collecting terror funds and the appellant was acting in furtherance of the conspiracy.
The Court stated that the appellant had opened bank accounts for concealing and diverting the money and all efforts were made to cause the disappearance of the extortion money. It was further stated that he was concealing the terrorist fund in a fraudulent manner for which he cannot be permitted to run away from the clutches of law by making a bald statement that even though the accounts were in his name, they were being managed by his co-accused.
The Court mentioned that since the appellant was a government servant, he should have been mindful of the severity of the financial transactions happening in such accounts, and he cannot be allowed to go freely by merely contending verbally that he had no concern with the accounts.
The Court stated that after a perusal of the witness statements, it could be said that there were clear-cut allegations against the appellant suggesting his involvement and complicity in committing an offence punishable under Chapter VI of UAPA. It was held that there was no merit in the appeal, and it was accordingly dismissed.
[Masasasong AO v. NIA, 2024 SCC OnLine Del 3581, Decided on 13-05-2024]
Advocates who appeared in this case:
For Appellant — Advocate M.S. Khan, Advocate Kahorngam Zimik, Advocate Prashant Prakash, Advocate Qausar Khan, Advocate Wung Rasem, Advocate Rahul Sahani, Advocate Clare T.S.
For Respondent — SPP Shilpa Singh, Consultant Pawan Singh Rana
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