HC rejects default bail plea of NSCN-IM leader Alemla Jamir in terror-funding case

“In our view, there is no illegality or infirmity in the orders passed from time to time regarding detention of the present appellant. The appeal, is therefore, devoid of merits and accordingly dismissed,” the bench said.

Jamir had challenged an order of the special NIA court which had rejected her bail on July 3, 2020, on the ground that the chargesheet was filed within the limitation period and no ground for statutory bail was made out.

The HC agreed with the contention of the NIA that as far as Jamir is concerned, the investigation is complete and the chargesheet stands filed. The bench noted that charges have been framed and the “evidence is going on”.

“In our view it is too late in the day for the appellant to raise the issue of filing an incomplete chargesheet as the case has already progressed much further and has reached to the stage where part evidence has already been recorded and it implies that the chargesheet filed against the present appellant is complete chargesheet, so there is no question of grant of default bail,” the HC held.

Jamir had also contended that there was no valid judicial remand available in the court files as on July 3, 2020 after the court had taken cognisance against her for offences punishable under various sections of the IPC, including criminal conspiracy (Section 120B) and for offences under the Unlawful Activities Prevention Act such as Punishment for raising funds for terrorist act (Section 17).

The bench however said that once cognizance has been taken, “unless and until a bail order is passed…the under-trial has to remain in judicial custody”.

The bench further said that at the time it was not possible for Jamir to be produced before the Special Court because of Covid restrictions, her remand was “rightly extended” by the Duty Metropolitan Magistrate as per the directions issued from time to time by the higher judicial authorities keeping in view the prevailing circumstances.

It was NIA’s case that Jamir was detained at IGI Domestic Airport on December 17, 2019, by the CISF for carrying Rs 72 lakh cash as she could not explain its source.

Jamir in her statement to officials said that the cash belonged to NSCN(IM) and she had received it from an associate of Thuingaleng Muivah, general secretary of NSCN(IM) at her residence and it had to be handed over to Muivah at Dimapur, Nagaland. Thereafter a case was registered by the Delhi police in 2019 “for aiding and abetting NSCN(IM), which is a banned organisation” and the court noted that Jamir’s air tickets were arranged on directions of Muivah. Subsequently, investigation was handed over to the NIA.

The NIA said that during police custody remand and interrogation, Jamir had disclosed about her involvement in terrorist activities carried out by the NSCN(IM).