Delhi HC refuses to grant bail to alleged member of NSCN-IM in terror case

New Delhi: The Delhi High Court has refused to grant bail to an alleged member of the National Socialist Council of Nagaland (Isak-Muivah) in a case probed by the NIA under the Unlawful Activities (Prevention) Act.

A bench headed by Justice Suresh Kumar Kait dismissed the appeal against the trial court decision rejecting the bail plea of Masasosang Ao, a government employee working in PWD of government of Nagaland, who is accused of assisting in raising funds/extortion money for the NSCN (IM).

The court observed that as per the allegations, the appellant fraudulently concealed 'terrorist funds' and he cannot be permitted to run away from the clutches of law by making a 'bald assertion' that although the bank accounts were in his name, they were managed and controlled by other co-accused.

It also said that in view of statements of various witnesses, there are clear-cut allegations suggesting the appellant's involvement and complicity for committing offence punishable under the anti-terror law UAPA.

"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," said the bench, also comprising Justice Manoj Jain, in an order passed on May 13.

"We do not find any merit in the present appeal and the appeal is accordingly dismissed," the court ordered.

The trial court had refused the relief of bail on December 12, 2022.

In the order, the court also said whether the NSCN (IM) has been declared a terrorist organization or a terrorist gang 'does not matter' as such a declaration was not a pre-requisite for cases like the present one.

"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 the appellant is clearly acting in furtherance of such conspiracy," the court noted.