Delhi HC invalidates arrest of self-styled UNLF army chief, cites NIA's procedural lapse

New Delhi [India], February 20 (ANI): The Delhi High Court has nullified the arrest of Thockchom Shyamjai Singh, identified by the National Investigation Agency (NIA) as the self-declared army chief of the banned United National Liberation Front (UNLF) group.
Thokchom Shyamjai Singh, the self-proclaimed army chief of the UNLF, along with his associates Laimayum Anand Sharma and Salam Ibomcha Meitei, were arrested by the NIA in March 2024. They were accused of participating in an alleged transnational conspiracy, orchestrated by foreign-based leaders of terror groups, to exploit the ethnic unrest in Manipur and carry out terrorist attacks in the state.
The bench of Justice Anup Jairam Bhambhani observed that the NIA failed to comply with the requirement of providing the grounds for arrest to the petitioners in writing, either at the time of arrest or subsequently, whether in the arrest memos or remand applications.
Consequently, the arrest of all three petitioners on March 13, 2024, has been invalidated and set aside. Additionally, the remand order dated March 14, 2024, and all subsequent remand orders issued by the Special Court have also been quashed, said the court.
The court noted that the principal argument raised by the petitioners challenging their arrest was that it contravened the requirements of Section 50 of the Code of Criminal Procedure, 1973 (Cr.P.C.), read with Section 43-B of the UAPA.
The petitioners contended that their arrest was illegal and unconstitutional, as they were not provided with the grounds of arrest in writing, as mandated by these statutory provisions and Article 22(1) of the Constitution. Consequently, they argued that their arrest should be set aside. Furthermore, the petitioners alleged that, given the illegality of their arrest on March 13, 2024, the subsequent remand order dated March 14, 2024, and other orders passed by the Special Court were also illegal.
Advocates Siddhartha Borgohain, Aditya Giri and Hemant Kalra appeared for the petitioners.
The NIA's case against the petitioners was that Thokchom Shyamjai Singh is the Chief of Army of the UNLF, a designated terrorist organization listed at Entry No.14 of the First Schedule to the UAPA, Laimayum Anand Sharma is the Chief of Intelligence of the UNLF; and Salam Ibomcha Meitei, an active member of the UNLF.
The NIA alleged that the petitioners have been leading the UNLF's terrorist activities by raising funds through extortion, recruiting cadres, and procuring weapons to incite violence in the State of Manipur by stoking ethnic tensions.
Furthermore, the NIA claims that the petitioners are involved in a transnational conspiracy, orchestrated by Myanmar-based terror outfits, to exploit the ethnic unrest in Manipur and wage war against the Government of India. (ANI)