THOKCHOM SHYAMJAI SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of the present petition filed under Article 226 read with Article 227 of the Constitution of India, the petitioners challenge their arrest made on 13/3/2024 by respondent No.2/National Investigation Agency ('NIA'). The petitioners also seek quashing of remand orders made by the learned Special Court, whereby the petitioners have been remanded to NIA custody, and subsequently, to judicial custody where they are presently lodged.

(2.) Notice on this petition was issued vide order dtd. 2/7/2024; consequent whereupon the main contesting party, viz. respondent No.2/NIA has filed their counter-affidavit dtd. 11/8/2024.

(3.) Briefly, the petitioners have been 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 the State of Manipur; and to wage war against the Government of India. The petitioners have accordingly been arrested on 13/3/2024 in case FIR No. RC-23/ 2023/NIA/DLI dtd. 19/7/2023 registered under Sec. 120-B/ 121-A/122 of the Indian Penal Code, 1860 read with Sec. 18/ 18-B/39 of the Unlawful Activities (Prevention) Act, 1967.