Delhi HC admits fresh plea challenging arrest of UNLF cadres by NIA

The trio - Thokchom Shyamjai Singh, Laimayum Anand Sharma, and Salam Ibomcha Meitei – were arrested by the NIA

The Delhi High Court has admitted a fresh petition challenging the arrest of three cadres of the United National Liberation Front (UNLF), a banned outfit from Manipur, challenging their arrested by the National Investigation Agency (NIA) in March this year.

Justice Anup Jairam Bhambhani rejected the “preliminary objection” raised by NIA that the current petition by the trio was not maintainable as they had already agitated the same grounds in a previous petition before a Division Bench of the court.

The trio - Thokchom Shyamjai Singh, Laimayum Anand Sharma, and Salam Ibomcha Meitei – were arrested by the NIA, alleging that they are in involved in a trans-national conspiracy hatched by a foreign-based leadership of terror outfits, to exploit the ethnic unrest and to execute terrorist attacks in Manipur and to wage war against the Government of India.

According to NIA, Singh is the self-styled Army Chief of UNLF and Sharma and Meitei are his associates, who are alleged to have been involved in raising funds for UNLF by committing extortion, as well as recruiting cadres and procuring weapons to incite violence in Manipur.

The trio have been charged under various sections of the Indian Penal Code (IPC) and the Unlawful Activities (Prevention) Act.

The petitioners, through advocate Siddhartha Borgohain, have contested the legality of their arrest and subsequent remand on the ground that it was in violation of the direction of the Supreme Court which require that the “grounds of arrest” ought to have been communicated to the petitioners in writing at the time of their arrest.

This is the second time the petitioners have approached the court. An earlier habeas corpus plea before the Division Bench of the court was dismissed as withdrawn on April 16, 2024, after it transpired during the course of the hearing that the petitioners were not “missing” but that they were in the custody of the NIA.

Mr Borgohain argued that his clients had sought permission to withdraw the habeas corpus petition with liberty to agitate the same issues before the “Competent Court/Forum”.

NIA argued that the liberty granted to the petitioners was to approach a “Competent Court/Forum”, which would mean a court or forum other than the Delhi High Court.

The court, however, said that in matters concerning questions of personal liberty, “it would never be just or proper to reject a plea based on a pedantic, hyper-technical or restrictive construction” of April 16 order made by the Division Bench of the court.

“The preliminary objection raised by the NIA is rejected. The matter be now listed for arguments on merits,” the court said in its October 1 order.

Published - October 03, 2024 08:54 am IST