ALEMLA JAMIR Vs. NIA

JUDGEMENT

(1.) The appeal under Sec. 21 of the National Investigation Agency Act, 2008 read with Sec. 167(2) and Sec. 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) has been filed by appellant/Alemla Jamir, who is facing trial in case R.C. No. 26/2019 under Sec. 10,13,17,18, 20 and 21 of the Unlawful Activities (Prevention) Act, 1967 (UA(P) Act), registered at Police Station NIA (National Investigation Agency), Delhi.

(2.) Investigation was further handed over to NIA, which registered the above-mentioned RC under the relevant provisions. Ten days police custody remand was taken and thereafter the appellant was sent to judicial custody on 27/12/2019. The mandatory period of 90 days to complete the investigation had expired on 15/3/2020. On moving an application by the prosecution seeking extension of detention period, the extension was granted for 45 days. A further extension of 45 days was again granted vide order dtd. 21/4/2020.

(3.) Notice was issued. Reply has been filed by the respondent. It has been submitted that during police custody remand and interrogation, the appellant had disclosed about her involvement in terrorist activities being carried out by the NSCN (IM). Her husband is an Ex. Army Chief of NSCN (IM) and he is still holding a senior position in the organization and he was staying in China. The appellant is working for NSCN (IM) since her marriage in the year 2000. The appellant is the Chairperson of the Women Society of NSCN (IM) and is also a Minister of the terrorist organization NSCN (IM). It has been further submitted that there is sufficient evidence in the form of incriminating documents, statement of witnesses and digital evidence, which establishes that accused persons had entered into a criminal conspiracy and they have directly raised and collected funds for NSCN (IM) through illegal means of extortion and by giving out loans at exorbitant rate of interest. The appellant, as well as her husband were stated to be in touch with unknown foreign activists to garner support of their activities against Indian State. During the course of investigation, statements of people, who had knowledge of these types of acts, were recorded and incriminating documents/pictures of arms/Armed Cadres of NSCN (IM) were collected.