New Delhi [India], April 3 (HBTV): The Delhi High Court on Wednesday rejected the bail plea of Moirangthem Anand Singh, a senior member of the People’s Liberation Army (PLA), a banned organisation. He was arrested by the National Investigation Agency (NIA) in connection with an FIR lodged for the investigation of the 2023 Manipur violence.

His bail application was earlier dismissed by the trial court in August 2024, which he had challenged.

The NIA emphasised that individuals like the appellant were responsible for the persisting law and order problems in Manipur.

The division bench of Justices Prathiba M Singh and Amit Sharma dismissed Moirangthem Anand Singh's appeal after considering the situation in Manipur, the allegations against him, and his influence.

‘Considering the volatile situation that exists in Manipur and the circumstances that had earlier led to his release on bail, including the protests, it can clearly be said that enlarging the appellant on bail would not only entail flight risk but also the possibility of witnesses being influenced in the present case as also deterioration of law and order,’ the division bench stated in its judgment.

While dismissing the appeal, the High Court observed, ‘Considering the totality of the circumstances, this court is of the view that the appellant is not entitled to bail at this stage upon weighing the following factors: the prosecution has established a prima facie case against the accused/appellant, supported by material evidence indicating his involvement in the alleged offences.’

The court further noted that the nature and gravity of the allegations against the appellant were serious, involving offences that had far-reaching implications for public order and national security.

The High Court also held that the appellant had failed to satisfy the parameters laid down under the tripod test related to the seriousness of the offence, the possibility of influencing witnesses or tampering with evidence, and the likelihood of fleeing from justice.

The specific allegation against the appellant is that he is a senior member of the PLA, which he joined in 1996. The PLA is a proscribed terrorist organisation listed in the First Schedule of the Unlawful Activities (Prevention) Act (UAPA).

The NIA had opposed the appeal. Special Public Prosecutor Rahul Tyagi, representing the NIA, argued that a prima facie case under Section 43D(5) of the UAPA was evident, considering the circumstances of the appellant’s arrest. He was apprehended wearing camouflage clothing and in possession of weapons looted from the state armoury.

‘This, in itself, establishes a prima facie case against the appellant for conspiracy under Section 18 of UAPA,’ the SPP argued.

It was further submitted that the appellant wielded significant influence in the local area, evident from the immediate unrest following his arrest, including a local bandh and the near-collapse of law and order.

The counsel for the petitioner argued that the prima facie case under Section 43D(5) of the UAPA was not made out and that, at best, the appellant was a volunteer protecting villagers of the Meitei community in the absence of central security forces fulfilling their duties.

The appeal was filed against the backdrop of the conflict between the Meitei and Kuki communities in Manipur.

The High Court noted that, at the time, multiple government armouries were looted in 2023, leading to FIRs filed by the Manipur State Police. One such FIR, initially registered at Heingang Police Station, pertained to an incident at the Manipur Police Training College, Pangei (MPTC). It was later transferred to the Central Bureau of Investigation (CBI) and re-registered on June 9, 2023.

Subsequently, on July 19, 2023, the NIA registered another FIR under Sections 120B, 121A, and 122 of the Indian Penal Code (IPC) and Sections 18, 18B, and 39 of the UAPA, based on intelligence indicating a transnational conspiracy in Manipur. It was alleged that Myanmar-based terror outfits were involved in waging war against the Government of India.

According to the NIA, the District Magistrate of Imphal East had promulgated Section 144 of the Code of Criminal Procedure (CrPC) in the region due to the disturbances.

During this period, on September 6, 2023, a Special Commando Unit of the Manipur Police intercepted a vehicle at Kongba Wangkhei Road near Meitei Mayek High School. The appellant and four other individuals were found inside, dressed in camouflage uniforms resembling Manipur Police commandos and in possession of various weapons.

Although he was granted bail in the FIR registered in Manipur, he was arrested the same day by the NIA. (ANI)