Delhi HC Dismisses Default Bail Plea Of NSCN-IM Leader In Terror Funding Case
The Delhi High Court has rejected the default bail plea of National Socialist Council of Nagaland (Isak-Muivah Faction) leader Alemla Jamir.
The bench of Justice Siddharth Mridul and Justice Talwant Singh dismissed the appeal by Alemla Jamir against the Order passed by Trial Court rejecting her bail plea on the ground that the charge-sheet was filed within the limitation period and no ground for statutory bail was made out.
The contention of the appellant was that the charge-sheet filed in the present case was an incomplete charge-sheet. On the other hand, it was argued by the counsel appearing on behalf of the respondent/NIA that the charge-sheet filed in the Court of Special Judge is a complete charge-sheet and on the basis of the said charge-sheet, charges have already been framed in Court.
Rejecting the contention of the appellant, the Court noted “On behalf of the respondent/NIA, it has been rightly submitted that as far as the present appellant is concerned, the investigation is complete and the charge-sheet stands filed. Charges have been framed and the evidence is going on. In our view it is too late in the day for the appellant to raise the issue of filing an incomplete charge-sheet as the case has already progressed much further and has reached to the stage where part evidence has already been recorded and it implies that the charge-sheet filed against the present appellant is complete charge-sheet, so there is no question of grant of default bail.”
The Court held that filing of a complete charge-sheet within the stipulated period is sufficient compliance and no default bail can be granted where cognizance was taken later on. The Court added that the custody of the accused/appellant cannot be termed as illegal only on the ground that sufficient amount of time was spent by the court clerk to raise objections regarding page numbering and illegible documents etc.
Senior Advocate Ramesh Gupta appeared for the appellant whereas Shilpa Singh appeared for NIA.
As per prosecution case, the appellant was travelling by air from Delhi to Dimapur, when she was detained at IGI Domestic Airport, by the CISF for carrying cash of Rs.72.00 lakhs as she could not explain the source of cash available with her. Intimation was sent to Income Tax Department and investigation started.
As per NIA, the appellant in her statement to the Officials had stated that the cash in question belonged to the National Socialist Council of Nagaland (Isak-Muivah Faction), NSCN(IM). The air tickets of the appellant were arranged on the direction of one Muivah. It was alleged that the husband of the appellant is a relative of Muivah and he is a Steering Committee member of NSCN(IM) and was earlier Commander-in-Chief of NSCN (IM).
Cause Title- Alemla Jamir v. NIA (Neutral Citation Number 2023:DHC:2995-DB)