THOKCHOM SHYAMJAI SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Does the constitutional mandate of serving grounds of arrest in writing to an arrestee under the Unlawful Activities (Prevention) Act, 1967 ("UAPA") come into effect from the date of the Supreme Court verdict in Pankaj Bansal vs. Union of India & Ors.,(2024) 7 SCC 576. or in Prabir Purkayastha vs. State (NCT of Delhi),(2024) 8 SCC 254. That is the question that presents itself for decision in the present matter.

(2.) By way of the present petition filed under Article 226 read with Article 227 of the Constitution, the petitioners, who are ordinarily residents of the State of Manipur, seek to challenge their arrest by the respondent No.2/National Investigation Agency ("NIA") 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 ("IPC") and Sec. 18/18-B/39 of the UAPA at P.S.: NIA, New Delhi.

(3.) The petitioners also challenge remand order dtd. 14/3/2024 whereby the petitioners were initially remanded to NIA custody; and the subsequent orders passed by the learned Special Court in the subject FIR, extending their custody from time-to-time, including the orders remanding them to judicial custody, where they are presently lodged.