Terror Funding Case: Delhi High Court Dismisses Second Bail Plea Of NSCN(IM) Leader Alemla Jamir

The Delhi High Court has dismissed the second regular bail appeal of Naga insurgent group National Socialist Council of Nagaland-Isak Muivah (NSCN (IM)) leader Alemla Jamir in relation to a terror funding case probed by National Investigation Agency.A division bench of Justice Navin Chawla and Justice Shalinder Kaur found no merit in the appeal challenging dismissal of the bail by the trial court. “We find that the allegations against the appellant are specific of her being involved in a criminal conspiracy along with A2 and A3 (her brother-in-law and husband) for raising and collecting lots of funds from businessmen in Dimapur by creating a systematic mechanism for collecting extortion money for the NSCN(IM), for which she had opened, as many as 20 bank accounts, some in fictitious names also,” the Court said. It added that Jamie, along with other accused persons, was acting in a “surreptitious manner” with an endeavour to leave no trail of evidence behind in relation to extortion of money in order to carry out operations of the alleged terrorist gang NSCN(IM). Noting that incriminating evidences in form of electronic devices as well as arms & ammunitions were also recovered from Jamir's residence, the Bench said:“At this stage, we also cannot ignore the alleged recoveries made from the residence of the appellant pointing towards her involvement in the offences she has been charged under.”It was NIA's case that Jamir was apprehended on her way from Delhi to Dimapur at the IGIA Airport by CISF on the ground that she was in possession of cash amounting to Rs. 72 lakhs. Since she could not explain her source of cash, the NIA alleged that the information was passed on to the Income Tax Department after which she was interrogated under Section 131(1A) of the Income Tax Act. As per NIA, the cash belonged to National Socialist Council of Nagaland-Isak Muivah faction and the same was handed-over to her by an associate to be taken over to Dimapur, Nagaland. Thereafter, an FIR was registered under sections 10, 13, 17, 18, 20 and 21 of UAPA Act for “aiding and abetting NSCN-IM terrorist organization and their activities.”The bench said that Jamir was alleged to be a highly influential person, holding a high position of the NSCN(IM) and with the assistance of her associates, was in a position to influence the witnesses and tamper with the evidence, the likelihood of the same cannot be ruled out given the gravity of offences she was charged with.The Court noted that the NIA Act is a Special Legislation, catering to investigation and prosecution of offences affecting the sovereignty, security and integrity of India, amongst other things outlined in the said piece of Legislation.It said that Special Courts have been constituted under the enactment to adjudicate such matters and it also mandates that the Special Court be held on a day to day basis. The Court also said that to have precedence of matters under the NIA over the trials of other cases and if necessary, the latter cases be kept in abeyance.“In light of the aforesaid and considering the nature of the allegations against the appellant and the evidence brought on record, coupled with the facts that the husband of the appellant is absconding and the bail of the co-accused Masasosang AO was also rejected by the Coordinate Bench of this Court and was unsuccessfully challenged before the Supreme Court, we do not find any merit in the present appeal,” the Court concluded.Title: ALEMLA JAMIR v. NATIONAL INVESTIGATION AGENCYCitation: 2025 LiveLaw (Del) 33Click here to read order

Terror Funding Case: Delhi High Court Dismisses Second Bail Plea Of NSCN(IM) Leader Alemla Jamir

Nupur Thapliyal

Tags