Delhi High Court Denies Bail To Accused In NSCN (IM) Terror Funding Case

The Delhi High Court has upheld the denial of bail to Masasosang Ao, the second accused in the terror funding case related to Naga insurgent group National Socialist Council of Nagaland-Isak Muivah (NSCN (IM)).

The Court emphasized the seriousness of allegations levelled against Masasosang and underscored that the absence of a formal declaration labeling NSCN (IM) as a terrorist organization does not diminish the gravity of the charges.

The division bench comprising Justices Suresh Kumar Kait and Manoj Jain remarked,

“It also really does not matter whether NSCN (IM) has not so far been declared a terrorist organization or a terrorist gang. Such declaration would never be a pre-requisite for a prosecution like this. The allegations are very specific and as per the case of the prosecution, there is a criminal conspiracy amongst all the accused for raising and collecting terror funds for NSCN (IM) and A-2 is clearly acting in furtherance of such conspiracy. He had opened bank accounts for concealing and diverting such money required and making all the efforts to cause disappearance of extortion money and trail of evidence with intention to screen himself.”

“Thus, as per bare allegations, A-2 is concealing the terrorist fund in a fraudulent manner. He cannot be permitted to run away from the clutches of law by making a bald assertion that bank accounts, though were in his names, but being managed and controlled by his co-accused. The appellant, being a government servant, should have been mindful of the severity of the financial transactions happening in such accounts. Being a government employee, he cannot be permitted to go scot free by merely verbally contending that he had no concern with these accounts as these were managed by his co-accused,” the bench added.

The case in question emerged when, on December 17, 2019, one Alemla Jamir was intercepted and found in possession of large sum of cash. During her interrogation under the Income Tax Act, she confessed that the cash belonged to the NSCN (IM) and was intended for financing their activities, including terrorist operations in India. During the investigation, various incriminating items, including drones, bulletproof jackets, cartridges, and Naga Army flags, were seized from her residence and Masasosang was identified as her brother-in-law and allegedly involved in aiding her in raising funds for the NSCN (IM).

Masasosang thus came to be arrested and it is alleged that he opened bank accounts to handle the extorted money and engaged in fraudulent land deals to conceal its origin. He has been charged under Sections 120- B/201/384/465/467 IPC and Sections 17/18/20/21 of Unlawful Activities (Prevention) Act.

It is worthwhile to note that Masasosang was a employed with Nagaland's Public Works Department. He denied the allegations and said since NSCN (IM) isn't listed in the First Schedule of the UAPA, it is not a terrorist organization and there is no basis to link him with any terrorist group. He further argued that any alleged bank accounts were managed by Alemla, so he shouldn't be held responsible for them.

Unconvinced, the Court said statements of various witnesses indicate that there are clear-cut allegations suggesting Masasosang's involvement and complicity for committing offences under UAPA.

“Be that as it may, the case is already in the middle of the trial and around 31 witnesses have already been examined,” the Court said while denying him bail.

Case Title: Masasasong Ao Vs National Iinvestigation Agency

Citation: 2024 LiveLaw (Del) 611

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