STATE OF MANIPUR Vs. LHAINEIKIM LHOUVUM

JUDGEMENT

(1.) At the outset, it is considered appropriate to extract the relevant portion of the order dtd. 19/7/2024 wherein this Court recorded as below:

(2.) Encapsulated briefly, the accused, Mr. Mark Haokip, was arrested on 30/5/2022, in connection with FIR No. 129(05)2022 Imphal PS under Ss. 120B/121/121A/123/400 IPC and Ss. 17/18 Unlawful Activities (Prevention) Act [in short, UAPA] and was thereafter remanded to judicial custody on the 9/6/2022. The accusations against him were for waging war and attempting to wage war against India and for cessation and creation of an independent "Government of the People's Democratic Republic of Kukiland", in collusion with other co-accused. The accused allegedly had started collecting funds towards this objective. Vide order dtd. 21/6/2022 in Cril. Misc. (B) Case No. 60 of 2022, the learned Special Judge (NIA), Imphal West rejected the accused's bail application and the said order of rejection was upheld by this Court, vide order dtd. 2/11/2022 in bail application BA No. 11 of 2022.

(3.) Thereafter, vide order dtd. 30/10/2022 passed in Cril. Misc. Case No. 92 of 2022, the learned Special Judge (NIA), Imphal West, extended the period of investigation in relation to the subject FIR for a further period of 90 days, in terms of the proviso to Sec. 43D(2) of UAPA. Finally, on 25/11/2022, the prosecution submitted the subject chargesheet against the accused under Ss. 120B/121/121A/123/400 IPC and Ss. 17/18 UAPA however, with a rider that the supplementary chargesheet would be submitted after obtaining prosecution sanction order from the competent authority. On 28/11/2022, the Special Court registered the case as Spl. Trial No. 10 of 2022. The competent authority granted the requisite sanction vide two orders dtd. 26/12/2022 and 17/3/2023. Thereafter, the supplementary chargesheet was also filed on 17/3/2023 and duly received by the court on 20/3/2023.