The Delhi High Court has set a precedent affirming the necessity of providing written grounds for arrest, as dictated by the Constitution, in a significant judgment on Thursday. The court quashed the arrests of Thokchom Shyamjai Singh, self-styled army chief of the banned United National Liberation Front (UNLF), and two others, citing non-compliance by the National Investigation Agency (NIA) with constitutional requirements.
Justice Anup Jairam Bhambhani highlighted that the obligation to furnish arrest grounds in writing is “compulsory and unquestionable,” referencing Article 22(1) of the Constitution and reinforcing it with precedents set by the Supreme Court in similar cases. The court criticized the NIA for its failure to meet these standards when detaining the accused under various charges, including those under the Unlawful Activities (Prevention) Act (UAPA).
The judgment resulted in the quashing of the arrests of Singh, Laimayum Anand Sharma—referred to as “lieutenant colonel” and head of the organization’s intelligence—and member Ibomcha Meite. These individuals were apprehended in Manipur and subsequently brought to Delhi without being presented with written arrest grounds or obtaining necessary transit remand.
“The arrest of all three petitioners on March 13, 2024, is accordingly vitiated and is hereby set-aside. Consequently, the remand order dated March 14, 2024, and all subsequent remand orders passed by the special court are also quashed,” declared Justice Bhambhani. The court ordered their release unless they are required in connection with other cases.
This ruling comes amidst allegations by the NIA that the arrested individuals were involved in spearheading terrorist activities, including fundraising through extortion, recruitment, and weapon procurement to incite violence in Manipur. The agency also claimed a trans-national conspiracy with Myanmar-based terror outfits aimed at destabilizing the region.
