Full Text
REGD. No. D. L.-33004/99
The Gazette of India
CG-DL-E-20052024-254266
EXTRAORDINARY
PART II-Section 3-Sub-section (ii)
PUBLISHED BY AUTHORITY
No. 1922]
NEW DELHI, MONDAY, MAY 20, 2024/VAISAKHA 30, 1946
3103 GI/2024
MINISTRY OF HOME AFFAIRS
NOTIFICATION
New Delhi, the 20th May, 2024
S.O. 2020(E).— In terms of Section 4(4) of the Unlawful Activities (Prevention) Act, 1967, the order dated
26.03.2024 of the Tribunal presided over by Hon'ble Mr. Justice Manish Choudhury, Judge of the Gauhati High
Court, to whom a reference was made under Section 4(1) of the Unlawful Activities (Prevention) Act, 1967 for
adjudicating whether or not there is sufficient cause for declaring the National Liberation Front of Tripura (NLFT) and
the All Tripura Tiger Force (ATTF) as unlawful associations is published for general information.
[F. No. 11011/02/2023-NE. V]
PIYUSH GOYAL, Addl. Secy.
UNLAWFUL ACTIVITIES [PREVENTION] TRIBUNAL
IN THE MATTER OF NLFT AND ATTF
IN THE MATTER OF :-
Notification bearing no. S.O. 4292[E] dated 03.10.2023, published in the Gazette of India in its issue dated
03.10.2023, declaring the National Liberation Front of Tripura [NLFT] along with all its factions, wings and front
organisations and the All Tripura Tiger Force [ATTF] along with all its factions, wings and front organisations as
'unlawful associations' in exercise of the powers conferred by sub-section [1] of Section 3 of the Unlawful Activities
[Prevention] Act, 1967 [Act no. 37 of 1967].
- AND -
IN THE MATTER OF :-
Notification bearing no. S.O. 4579[E] dated 19.10.2023, published in the Gazette of India in its issue dated 19.10.2023
and issued in exercise of the powers conferred by sub-section [1] of Section 5 of the Unlawful Activities [Prevention]
Act, 1967, constituting ‘the Unlawful Activities [Prevention] Tribunal', for the purpose of adjudicating whether or not
there is sufficient cause for declaring the National Liberation Front of Tripura [NLFT] and the All Tripura Tiger Force
[ATTF] as unlawful associations.
- AND -
IN THE MATTER OF :-
Reference under sub-section [1] of Section 4 of the Unlawful Activities [Prevention] Act, 1967 made to the Unlawful
Activities [Prevention] Tribunal by the Government of India in the Ministry of Home Affairs vide Letter bearing no.
11011/02/2023-NE.V dated 23.10.2023.
BEFORE
HON'BLE MR. JUSTICE MANISH CHOUDHURY
PRESIDING OFFICER
For the Union of India
: Mr. Subhash Chandra Keyal, Advocate
Mr. Pabitra Sankar Bhattacharyya, Advocate
For the State of Tripura
: Mr. Debojit Senapati, Advocate
Mr. Anuran Chetia, Advocate
Ms. Shravana Katakey, Advocate
For the Tribunal
: Sri Saptarshi Garg, Registrar,
Unlawful Activities [Prevention] Tribunal
Date of Order
: 26.03.2024
1. In exercise of the powers conferred by sub-section [1] of Section 3 of the Unlawful Activities [Prevention]
Act, 1967 [Act no. 37 of 1967] [hereinafter also referred to as ‘the UA[P] Act', 1967 or ‘the UA[P] Act', at places, for
easy reference], the Central Government in the Ministry of Home Affairs by issuing a Notification bearing no. S.O.
4292[E] dated 03.10.2023, published in the Gazette of India in its issue dated 03.10.2023, has declared the National
Liberation Front of Tripura [NLFT] along with all its factions, wings and front organisations and the All Tripura Tiger
Force [ATTF] along with all its factions, wings and front organisations as ‘unlawful associations'.
2. The Notification bearing no. S.O. 4292[E] dated 03.10.2023 has inter-alia mentioned the grounds for which
the Central Government is of the opinion that the said two orgainsations, the National Liberation Front of Tripura
[NLFT] and the All Tripura Tiger Force [ATTF] along with all their factions, wings and front organisations should be
declared as unlawful associations. The relevant excerpts of the Notification dated 03.10.2023 are reproduced
hereinbelow :-
Whereas the National Liberation Front of Tripura and the various wings thereof [hereinafter referred to as the NLFT]
and All Tripura Tiger Force [hereinafter referred to as the ATTF] have, as their professed aim, establishment of an
independent nation by secession of Tripura from India through armed struggle in alliance with other armed
secessionist organisations of Tripura and to incite indigenous people of Tripura for such secession;
And whereas, the Central Government is of the opinion that the NLFT and the ATTF have been, -
[i] engaging in subversive and violent activities, thereby undermining the authority of the Government and
spreading terror and violence among the people for achieving their objectives;
[ii] maintaining close nexus with other unlawful associations of North East with the aim of mobilising their
support;
[iii] in pursuance of their aims and objectives in recent past, engaging in violent and unlawful activities which are
prejudicial to the sovereignty and integrity of India;
[iv] killing civilians and personnel belonging to the police and security forces;
[v] engaged in extortion of funds from the public including businessmen and traders in Tripura; and
[vi] establishing and maintaining camps in neighbouring countries for the purpose of safe sanctuary, training,
procurement of arms and ammunitions, etc;
And whereas, the Central Government is also of the opinion that the aforesaid activities of the NLFT and ATTF are
detrimental to the sovereignty and integrity of India and that they are unlawful associations;
And whereas, the Central Government is also of the opinion that if there is no immediate curb and control of the
NLFT and the ATTF they will take the opportunity to, -
[i] mobilise their cadres for escalating their secessionist, subversive, and violent activities;
[ii] propagate anti-national activities in collusion with forces inimical to India's sovereignty and national
integrity;
[iii] indulge in killings of civilians and targeting of the Police and Security Forces personnel;
[iv] procure and induct illegal arms and ammunitions from across the international border; and
[v] extort and collect huge funds from the public for their unlawful activities.
3. By another Notification bearing no. S.O. 4579[E] dated 19.10.2023, published in the Gazette of India in its
issue dated 19.10.2023, the Central Government in exercise of the powers conferred by sub-section [1] of Section 5 of
the UA[P] Act, 1967, has constituted this Tribunal for the purpose of adjudicating whether or not there is sufficient
cause for declaring the National Liberation Front of Tripura [NLFT] and the All Tripura Tiger Force [ATTF] as
unlawful associations.
4. The Ministry of Home Affairs, Government of India by an Order bearing no. 11011/02/2023-NE.V dated
20.10.2023 issued under the hand of Sri R.K. Pandey, Director [NE-II], North East Division, Ministry of Home
Affairs has appointed Sri Saptarshi Garg, Joint Registrar [Vigilance], Gauhati High Court as the Registrar of the
Tribunal in the matter of the National Liberation Front of Tripura [NLFT] and the All Tripura Tiger Force [ATTF],
constituted vide the Notification bearing no. S.O. 4579[E] dated 19.10.2023.
5. The provisions of sub-section [1] of Section 4 of the UA[P] Act, 1967 requires that where any association has
been declared unlawful by a notification issued under sub-section [1] of Section 3, the Central Government shall,
within thirty days from the date of publication of the notification under the said sub-section, refer the notification to
the Tribunal for the purpose of adjudicating whether or not there is sufficient cause for declaring the association
unlawful. The Reference has been made to this Tribunal by the Central Government under Section 4[1] of the UA[P]
Act, 1967 vide a Letter bearing no. 11011/02/2023-NE.V dated 23.10.2023. A Brief on the National Liberation Front
of Tripura [NLFT] and the All Tripura Tiger Force [ATTF], including their aims/objectives and violent activities, has
been forwarded with the Reference.
6. The Brief regarding the aims/objectives and violent activities of the National Liberation Front of Tripura
[NLFT] and the All Tripura Tiger Force [ATTF] contained a summary both on the National Liberation Front of
Tripura [NLFT] along with all its factions, wings and front organisations and the All Tripura Tiger Force [ATTF]
along with all its factions, wings and front organisations.
7. As per the Brief, both the National Liberation Front of Tripura [NLFT] and the All Tripura Tiger Force
[ATTF] were initially declared as unlawful associations from 03.04.1997. Since April, 1997, these declarations are
continuously extended.
7.1. In so far as the National Liberation Front of Tripura [NLFT] is concerned, the Brief has mentioned as under:-
[i] The NLFT was formed in June, 1989. The goal of the NLFT is secession of Tripura from the Indian Union
through armed struggles in alliance with other armed secessionist organisations of the North Eastern region.
In February, 2001, Nayanbasi Jamatia, one of the top leaders of the NLFT came out of the outfit along with
his followers and formed a new group with the name of NLFT[N]. A Memorandum of Settlement was signed
with the NLFT[N] on 17.12.2004, after which some cadres of the NLFT[N] joined the mainstream. However,
majority of cadres of the NLFT under the leadership of Biswamohan Debbarma continued to indulge in
violence, particularly along the international border of Bangladesh. This faction of the NLFT is known as
NLFT[B]. In August, 2019, 88 cadres of the NLFT[B] along with 44 weapons led by Sabir Debbarma
surrendered before the authorities after signing of a Memorandum of Settlement and majority of the cadres
joined the mainstream. During 2020, another faction of the NLFT under the leadership of Parimal Debbarma
became active in parts of the State of Tripura. Therefore, both the factions – NLFT[B] and NLFT[PD] – are
found active in their violent and illegal activities.
[ii] The faction of NLFT[B] has continued to remain active in Khowai and Dhalai districts of Tripura along the
Indo-Bangladesh border and has maintained four camps/hideouts in Bangladesh and one in Myanmar, while
the faction of NLFT[PD] has been found active in Khowai, Sepahijala and West Tripura districts of Tripura.
The faction of NLFT[PD] is found to have maintained two camps/hideouts in Bangladesh. As per the Brief,
the faction of NLFT[B] has an estimated cadre strength of around 30-35 and it is found operating from their
hideouts in Bangladesh. The faction of NLFT[PD] is estimated to have a cadre strength of 17. The faction of
NLFT[B] is in possession of 25 sophisticated arms and explosives including AK series rifles, while the
estimated weapon holding of the NLFT[PD] faction is about 10.
[iii] The NLFT has been working in close nexus with other North-East insurgent organisations having their bases
in Bangladesh, including Kangleipak Communist Party [KCP], Kanglei Yaol Kanba Lup [KYKL], Kamtapur
Liberation Organisation [KLO], National Socialist Council of Nagaland [IM] [NSCN-IM] and Hynniewtrep
National Liberation Council [HNLC]. The outfit is found engaged in supply of arms from Myanmar to
Bangladesh based outfits namely, United People Democratic Front [UPDF] and Marma Liberation Party
[MLP].
[iv] Since 03.11.2018 till February, 2023, a total of 36 nos. of cases under the UA[P] Act, 1967 have been
registered and 87 persons have been arrested in these registered cases along with recovery of arms and
ammunitions. Charge sheets have been filed in 16 out of these 36 nos. of cases. During the period from the
last notification under the UA[P] Act, 1967 till May, 2023, various factions of the NLFT were responsible for
three violent incidents, killing of 3 security personnel and kidnapping of 3 persons. Besides these incidents, 4
nos. of cases of arms recovery, surrender of 56 nos. of arms and surrender of 144 nos. of extremists had also
taken place.
[v] Three BSF personnel were killed in the years 2021 and 2022 in North Tripura and Dhalai districts of Tripura
in targeted attacks by the NLFT cadres. Incidents of snatching of arms of security personnel had also taken
place. In November, 2020, cadres of the NLFT demanded extortion from a ration dealer in Dhalai district of
Tripura. In December, 2020, three workers engaged in border fencing works in Dhalai district were abducted
by the NLFT cadres for ransom. The outfit has been extorting money from contractors engaged in works
along the Indo-Bangladesh border besides extorting money from shopkeepers, businessmen, government
employees, contractors, villagers, etc.
[vi] In 2019, the cadres of NLFT instigated public of Tripura against the Central Government on the issue of
National Register of Citizens [NRC]. Pursuing its secessionist agenda, the NLFT issued calls in 2020 for
boycott of the Republic Day and in October, 2021, the outfit called for protest against merger of Tripura in
the Indian Union in 1949. After arrest of some of the key leaders of the NLFT in 2021 and 2022, another
leader, Bikram Bahadur Jamatia @ Bomthom carried out subversive activities from Bangladesh and
undertook recruitment drives.
[vii] During 2020, the NLFT faction led by Parimal Debbarma indulged in criminal activities including abduction,
extortion in Dhalai, Sepahijhala, West Tripura and North Tripura districts of Tripura. It has been making
efforts to raise money through extortion in the districts of Khowai, Sepahijhala and West Tripura. The outfit
also indulges in recruitment drives among surrendered militants. Its cadres abducted a resident of North
Tripura in November, 2020, whose deadbody was recovered later.
7.2. As regards the All Tripura Tiger Force [ATTF], the Brief has mentioned as under :-
[i] The ATTF was formed in the year 1993 and is led by Ranjit Debbarma. Like the NLFT, the goal of the
ATTF is secession of Tripura from the Indian Union through armed struggles in alliance with other armed
secessionist organisations of the North Eastern region.
[ii] The ATTF has a few number of armed cadres who operate from camps in Bangladesh. Though the ATTF is
not very active at present, its leaders/cadres had reorganized in October, 2017 and they are continuing with
illegal and subversive activities like protesting against merger of Tripura with the Indian Union.
[iii] One of the demands of the ATTF is separation of Greater Tipraland and for the purpose of its demands, the
ATTF has been organizing blockades. The ATTF has connections with various North East insurgent groups
like National Socialist Council of Nagaland [Khaplang] [NSCN-K] and Kamtapur Liberation Organisation
[KLO].
[iv] The ATTF has, though, remained not very active for a while, its cadres are reorganizing themselves to pursue
their secessionist agenda including protest against merger of Tripura with the Indian Union, demand for a
separate State – Greater Tipraland, etc.
7.3. In the Brief, it is mentioned that as professed goal of both the NLFT and the ATTF is secession from the
country and these outfits have neither been disbanded nor abandoned their professed goal so far, all their activities are
liable and deemed to be done for fulfillment of their objectives of secession. In view of such facts, the NLFT and the
ATTF along with all their factions, wings and front organisations have been declared as 'unlawful associations' under
the UA[P] Act, 1967 for a period of 5 [five] years from 03.10.2023 for the following reasons :-
[i] continued espousal of the policy of secession of Tripura from India by the NLFT and the ATTF;
[ii] continued engagement in activities prejudicial to the sovereignty and integrity of India;
[iii] possession of illegal arms and ammunitions;
[iv] continued use of violence and terror through armed action as means for achieving their objectives;
[v] extortions and illegal tax collections from the public including businessmen, traders and government
employees;
[vi] nexus and close links with some of the insurgent outfits of the North Eastern Region; and
[vii] continued maintenance of sanctuaries, safe havens and training camps in neighbouring countries.
7.4. With the above projections, the Brief has mentioned that as the activities of the NLFT and the ATTF are
continuing, the Central Government is of the opinion that circumstances exist which render it also necessary to declare
these associations as 'unlawful associations' with immediate effect for reasons stated in a notification in the Official
Gazette in this regard in exercise of the powers conferred on the Central Government under the proviso to sub-section
[3] of Section 3 of the UA[P] Act, 1967. The Brief has mentioned that it has been felt that if there is any delay in
giving effect to the notification, these organisations may take undue advantage of the situation and may mobilize their
cadres for escalating secessionist, subversive, terrorist and violent activities. The Central Government is also of the
opinion that it may also provide an opportunity to the leadership of these organisations to propagate anti-national
activities in collusion with foreign powers inimical to India's security interests. It is mentioned that the State
Government of Tripura, the Intelligence Bureau, the Border Security Force and the Central Reserve Police Force have
recommended that the NLFT and the ATTF should continue to be declared as 'unlawful associations' under the
UA[P] Act, 1967 beyond 2023. The Brief has further mentioned that the Cabinet Secretariat [Research and Analysis
Wing] and the Ministry of Defence have also recommended that the NLFT should continue to be declared as
'unlawful association' beyond 02.10.2023.
7.5. The Brief has further mentioned that the last notification declaring the NLFT and the ATTF as 'unlawful
associations' was issued on 03.10.2018 vide Notification bearing no. S.O. 5078[E]. A Reference under sub-section [1]
of Section 4 of the UA[P] Act, 1967 was thereafter, made to the Unlawful Activities [Prevention] Tribunal and the
learned Tribunal vide its Order dated 14.03.2019 had confirmed the declaration made vide the Notification dated
03.10.2018 by the Government of India. The Brief has stated that it is in view of the above fact situations, the
declaration has been extended for a further period of 5 [five] years w.e.f. 03.10.2023 vide the Notification bearing no.
S.O.4292[E] dated 03.10.2023 and the Reference has been made to this Unlawful Activities [Prevention] Tribunal
under Section 4[1] of the UA[P] Act, 1967 for confirmation of the declaration made by the Notification bearing no.
S.O.4292[E] dated 03.10.2023 whereby the Central Government has declared the NLFT and the ATTF as ‘unlawful
associations'.
8. The Notification bearing no. S.O.4292[E] dated 03.10.2023 has further mentioned that the Central
Government, having regard to the above circumstances, is of the further opinion that circumstances exist which render
it necessary for the Central Government to declare these associations to be unlawful with immediate effect and the
Central Government has accordingly declared, in exercise of the powers conferred by the proviso to sub-section [3] of
Section 3 of the UA[P] Act, 1967, that the Notification shall, subject to any order that may be made under Section 4 of
the UA[P] Act, 1967, have effect from 03.10.2023 for a period of 5 [five] years.
9. The Reference under Section 4[1] of the UA[P] Act, 1967 was received by the Registrar of the Tribunal on
30.10.2023. The Reference was thereafter, placed before the Tribunal on 01.11.2023 where the learned Special
Counsel, Union of India; the learned State Counsel, Tripura; the Superintendent of Police, Serious Crime, Tripura; and
the Additional Superintendent of Police [Special Branch], Tripura representing the Government of Tripura were
present. The Tribunal held its first sitting on 06.11.2023. On consideration of the materials placed on record by the
Central Government, the Tribunal had, on 06.11.2023, ordered that notices under Section 4[2] of the UP[A] Act, 1967
should be issued to the two organisations – the NLFT and the ATTF along with all their factions, wings and front
organisations as well as to their principal office bearers - to show cause within 30 [thirty] days from the date of service
of the notice as to why they should not be declared as unlawful. In the Order dated 06.11.2023, the Tribunal observed
that the notices shall be served upon the two organisations in the following manner :-
[i] By Speed Post/Registered A/D at the last known addresses of the NLFT/ATTF along with all their factions,
wings and front organisations as well as that of their principal office bearers.
[ii] Service of notice be also effected on the Office Bearers of the NLFT/ATTF in Tripura at their addresses, if
any, and if under detention, then through the Superintendent [Jail] concerned.
[iii] By publication along with a copy of the Gazette Notification dated 03.10.2023 in two daily newspapers - one
in a National Newspaper [in English] and the other one in a prominent local vernacular language newspaper -
having wide circulation in the areas where the activities of the NLFT/ATTF are ordinarily carried on, within
14 days thereof.
[iv] By affixing of the notice along with a copy of the Gazette Notification dated 03.10.2023 at the last known
addresses of the NLFT/ATTF along with all their factions, wings and front organisations as well as that of
their principal office bearers.
[v] By a proclamation by beating of drums as well as loudspeakers about the contents of the notice and the
Notification dated 03.10.2023 in the areas in which the activities of the NLFT/ATTF were or are ordinarily
carried on.
[vi] By displaying the notice along with a copy of the Gazette Notification dated 03.10.2023, on the notice board
of the offices of the Deputy Commissioners, the SDMs and Superintendents of Police in all the district
headquarters of the State where the activities of the NLFT/ATTF were or are believed to be ordinarily carried
on.
[vii] Notice was directed to be served on the State Government of Tripura through its Chief Secretary.
[viii] The Notice and the Gazette Notification dated 03.10.2023 were directed to be announced in the All India
Radio/electronic media at the prime time and also be pasted at the prominent places in the State where the
activities of the NLFT/ATTF were or are believed to be carried on.
[ix] By affixing copies of the notice at some conspicuous parts of the offices, if any, of the NLFT/ATTF.
[x] By publishing on the website of Ministry of Home Affairs, Union of India and of the Department of Home
and Political, Government of Tripura.
[xi] By any other possible modes, including e-mail, etc.
In the matter of issuance of notices under Section 4[2] of the UA[P] Act, 1967, the Tribunal ordered to effect
service of notices by additional mode of service, as set forth in Rule 4 of the Unlawful Activities [Prevention] Rules,
1968 ['the UA[P] Rules, 1968' and/or 'the UA[P] Rules', for short]. The Central Government and the State
Government of Tripura were directed to make necessary and adequate arrangements for service of the notices. It was
ordered that the report of service of the notices shall be submitted to the Registrar of the Tribunal on 24.11.2023, duly
supported by affidavits of the concerned officer[s]/official[s], who had effected the service along with supporting
documents. The Central Government and the State Government were also asked to submit their respective affidavits
and documents in support of the grounds on which the aforesaid two organisations have been declared as unlawful.
The Tribunal decided to hold its next sitting on 15.12.2023.
10. In compliance of the Order dated 06.11.2023, the State of Tripura through Smti. Binki Saha, Joint Resident
Commissioner, Tripura Bhawan at Guwahati, filed two affidavits of service -cum- report of service on the NLFT and
the ATTF respectively before the Registrar of the Tribunal on 24.11.2023. Similarly, an affidavit regarding service of
notice -cum- report of service on the NLFT and the ATTF was filed, on 12.12.2023, by the Central Government
through Sri R.K. Pandey, Director, Ministry of Home Affairs, Government of India before the Registrar of the
Tribunal in compliance of the Order dated 06.11.2023.
11. In the two affidavits -cum- report of service filed on behalf of the State of Tripura through its Joint Resident
Commissioner, Tripura Bhawan, Guwahati, it has been stated that the notices were duly published [i] in the website,
https://political.tripura.gov.in of the Political Department, Government of Tripura on 15.11.2023; [ii] in the website,
https://tripurapolice.gov.in of the Home Department, Government of Tripura on 16.11.2023; and [iii] in the State
Portal, https://tripura.gov.in of the Government of Tripura on 16.11.2023. The said fact of publication is confirmed
vide a Letter bearing no. F.No.7[9]/TSCA/D&HDW/2019[Loost]/4947-48 dated 20.11.2023 of the Additional
Director, IT of the Directorate of Information Technology, Government of Tripura. In the action taken report
forwarded vide Letter no. 69SP[1]/F.5[17]/PHQ[CS]/2022 dated 18.11.2023 of the Assistant Inspector General of
Police [Crime], O/o the Director General of Police, Tripura and a Letter bearing no. 12276-77/SP[SC]/CS/CB/2023
dated 18.11.2023 of the Superintendent of Police [Serious Crime], O/o the Inspector General of Police [Crime and
Intelligence], Tripura Police Crime Branch, it has been stated that the Superintendent of Police of the districts had
effected service of the notice by way of proclamation by beating of drums/loudspeakers about the contents of the
notice and the Gazette Notification dated 03.10.2023 in the areas where the activities of the NLFT and the ATTF were
or are ordinarily carried on. It has been further reported that the notice and the Gazette Notification dated 03.10.2023
were also displayed at the notice boards of the offices of the NLFT and the ATTF and at other prominent places. It has
been reported that pursuant to request made to the Director, Information & Cultural Affairs, Government of Tripura to
arrange for publication of the notice and the Gazette Notification dated 03.10.2023 in one national English newspaper
and in one prominent daily vernacular newspaper having wide circulation in the State of Tripura, the Director,
Information & Cultural Affairs, Government of Tripura submitted a compliance report vide Letter no. F.65[26]-
ICA/Advt./2010 dated 14.11.2023 conveying that the notice and the Gazette Notification were published in the
national English daily newspaper, ‘The Sunday Express' in its issue dated 12.11.2023 and in two prominent vernacular
newspapers of the State of Tripura, 'Shyandan' in its issue dated 11.11.2023 & ‘Dainik Sambad' in its issue dated
14.11.2023. The Director, Doordarshan Kendra, Agartala vide its compliance report bearing File no.
DDK/AGT/HOP/2023-24 dated 16.11.2023 had informed that the notice and the Gazette Notification dated
03.10.2023 issued in respect of the NLFT and the ATTF were duly telecasted in Doordarshan on 13.11.2023. The
Director, All India Radio [AIR], Agartala vide its Broadcast Certificate bearing File no.
AIR/AGT/RNU/[News]/2023-24 dated 18.11.2023 had reported that the contents of the notice and the Gazette
Notification dated 03.10.2023 in respect of the NLFT and the ATTF were duly broadcasted both in Bengali and
Kokborok during news bulletins on 11.11.2023 and the relevant audio files were also forwarded with the Broadcast
Certificate. The Superintendent, Kendriya Sansodhanagar, Bishalgarh vide a Letter bearing no. F.II-
III/KST/BLG/Tribunal/Extremist/2023/21394-96 dated 18.11.2023 has stated that the order-sheet of the Tribunal and
the Gazette Notification were duly served to Sri Jacob Hrangkhawl, a member of the NLFT. Sri Parimal Debbarma, a
member of the NLFT and an undertrial prisoner was sought to be served the notice and the Gazette Notification
through the Superintendent, Gonda Twisa Sub-Jail, Dhalai but Sri Debbarma refused to receive the same. The
Superintendent, Gonda Twisa Sub-Jail, Dhalai in his compliance report forwarded vide a Letter no.
F.28/GNC/SJ/2014/995 dated 18.11.2023 has confirmed that in view of such refusal, the concerned authority had
pasted a copy of the notice on the wall of the lock-up of Sri Debbarma, where he was staying as an undertrial prisoner.
As per the affidavits -cum- report of service of the State of Tripura, compliance reports were received from the
Superintendents of Police of all the districts of Tripura confirming service of the notice and the Gazette Notification
with their affixation in conspicuous places/notice boards of the offices/announcements of their contents in the areas
where the activities of the NLFT and the ATTF were or are ordinarily found to be carried on. It has been further stated
that the notice and the Gazette Notification were also affixed in the known residential addresses of Sri Bikram
Bahadur Jamatia @ Bomthom at Garjankhala, Police Station – Birganj, who is known to be the present Chief of Army
Staff of the NLFT and Sri Biswamani Debbarma at Tamakari, Police Station – Sidhai, who is known to be the present
Warrant Officer of the ATTF. Photographs evidencing affixation of the notice and the Gazette Notification at their
residential addresses are enclosed to substantiate the factum of service of the notice and the Gazette Notification on
the said two functionaries of the NLFT and the ATTF. The copies of the notice and the Gazette Notification are stated
to have been displayed in the notice boards of the office of the Superintendent of Police, South Tripura District and of
the offices of all the Sub-Divisional Police Officers [SDPOs] of the South Tripura District. Similar compliance reports
have been submitted by the Additional District Magistrate & Collector, West Tripura District and the Additional
District Magistrate & Collector, Sepahijala District regarding service/proclamation of the notice and the Gazette
Notification vide their Letters bearing no. F.21[20]/DM/W/Con/2019/1695 dated 18.11.2023 and bearing no.
F.2[1]/DM/SPJ/JDL/MISC/2022/430 dated 17.11.2023 respectively, addressed to the Deputy Secretary to the
Government of Tripura, Home Department.
12. The Central Government has also filed an affidavit on 12.12.2023 before the Registrar of the Tribunal
wherein it had stated that the Government of Tripura was requested vide Letter no. 11011/02/2023-NE.V dated
07.11.2023 [Annexure-III] to comply with the Order of the Tribunal dated 06.11.2023. It has stated that the
Government of Tripura had thereafter, sent an action taken report to Sri R.K. Pandey, Deputy Secretary to the
Government of India, Ministry of Home Affairs, vide a Letter no. F.21[20]-PD/2022 dated 22.11.2023 [Annexure-V].
13. The Tribunal in its second sitting, held on 15.12.2023 at Guwahati, had observed upon perusal of the
affidavits filed on behalf of the State of Tripura that the service of the notices were done during period from
15.11.2023 to 18.11.2023. As the last date of service notice in respect of the NLFT and the ATTF was completed on
18.11.2023 and a period of thirty days for appearance of the members of the said two organisations for filing of
objections/replies/written statements, as mentioned in the notices, did not expire till that day, the Tribunal decided to
hold the next sitting on 21.12.2023 at Guwahati.
14. The Tribunal held its third sitting on 21.12.2023 at Guwahati. It was observed that none had appeared on
behalf of the two organisations viz. the NLFT and the ATTF despite completion of a period of thirty days for their
appearances, as stipulated in the notice, to file objections/replies/written statements. The Tribunal with such obtaining
facts, decided to proceed further to the stage of recording/reception of evidence on behalf of the parties, who had
already entered appearances. The parties who had entered appearance, that is, the Central Government and the State of
Tripura, were requested to submit their list of witnesses on or before 06.01.2024 before the Registrar of the Tribunal.
It was decided that the Tribunal would hold its next sittings for recording/reception of evidence at Agartala, Tripura
on 11.01.2024 and 12.01.2024 respectively. Order was accordingly passed that necessary information as regards time,
date and venue of the Tribunal's next sittings at Agartala, Tripura were to be given due publicity for prior
information/notice to the public/witnesses. The Registrar of the Tribunal was requested to do the needful.
15. On 09.01.2024, the Government of India filed its evidence-on-affidavit through Sri R.K. Pandey, Director,
Ministry of Home Affairs, Government of India along with exhibits as C.W.1 before the Registrar of the Tribunal.
16. The proceedings of the Tribunal were next held on 11.01.2024 and 12.01.2024 at the State Guest House,
Agartala, Tripura for reception of evidence/recording of evidence on behalf of the parties, who had already entered
appearances. As the Tribunal had in its previous order observed that due publicity should be given about its next
sittings fixed for recording of evidence/reception of evidence of witnesses on 11.01.2024 and 12.01.2024 so that
person[s], association[s], etc., who is/are or was/were associated/connected with the two organisations declared as
unlawful associations vide the Notification dated 03.10.2023 issued under Section 3[1] of the UA[P] Act, 1967, could
appear before the Tribunal to represent their cases, the Tribunal had kept it open for such person[s], association[s], etc.
to appear before the Tribunal on 11.01.2024 and 12.01.2024. The Registrar of the Tribunal during its sitting on
11.01.2024, placed two affidavits filed on behalf of the State of Tripura as regards to the steps taken on their behalf for
giving due publicity about the sittings of the Tribunal scheduled on 11.01.2024 and 12.01.2024. On perusal of the two
affidavits as regards giving of due publicity, the Tribunal reached a view that necessary steps were taken for due
publicity about the time, the date and venue of sittings of the Tribunal on 11.01.2024 and 12.01.2024.
17. In the proceedings of the Tribunal, held on 11.01.2024, the Central Government was represented by its
learned Special Counsel and the State of Tripura was represented by their learned engaged counsel. The evidence-on-
affidavit submitted through Sri R.K. Pandey, Director, Ministry of Home Affairs, Government of India on behalf of
the Central Government as C.W.1 was placed before the Tribunal by the Registrar of the Tribunal and on being so
placed, the said evidence-on-affidavit was taken on record.
18. The learned counsel representing the State of Tripura had placed two list of witnesses one containing 14
[fourteen] nos. of witnesses and the other containing 6 [six] nos. of witnesses – before the Tribunal on 11.01.2024. It
was submitted that the 14 [fourteen] nos. of witnesses from the first list would submit their evidence-on-evidence as
regards the organisation, National Liberation Front of Tripura [NLFT] and the second list of witnesses containing 6
[six] nos. of witnesses would be in connection with the organisation, All India Tiger Force [ATTF]. Accordingly,
those 14 [fourteen] nos. of witnesses submitted their evidence-on-affidavits in connection with the organisation,
National Liberation Front of Tripura [NLFT] before the Tribunal as S.W.1 to S.W.14 by appearing before the Tribunal
in person. Similarly, 6 [six] nos. of witnesses also submitted their individual evidence-on-affidavit in connection with
the organisation, All Tripura Tiger Force [ATTF] as S.W.15 to S.W.20 by appearing before the Tribunal in person.
19. During the proceedings of the Tribunal on 11.01.2024, other than the afore-mentioned witnesses, none had
appeared before the Tribunal to represent the two organisations in respect of the Gazette Notification dated
03.10.2023. The learned counsel representing the State of Tripura had submitted that evidence-on-affidavit of one
more witness on behalf of the State of Tripura would be filed in the Tribunal's next sitting on 12.01.2024. Having
regard to the subject-matter, the Tribunal was of the considered view that opportunity to represent should be kept open
to the representatives of the National Liberation Front of Tripura [NLFT] and the All Tripura Tiger Force [ATTF]
along with their factions, units and front associations, and/or the principal office bearers of the associations before the
Tribunal in connection with the Gazette Notification dated 03.10.2023. The Tribunal had also directed the witnesses
who had submitted their respective evidence-on-affidavits on 11.01.2024, to remain present also in its next sitting
scheduled on 12.01.2024 for the purpose of their cross-examination, if any. During the next sitting of the Tribunal on
12.01.2024, also at Agartala, Tripura, the Central Government and the State of Tripura were represented by their
respective learned counsel. The 20 [twenty] nos. of witnesses, that is, S.W.1 to S.W.20 who had submitted their
evidence-on-affidavits on 11.01.2024, were present in person before the Tribunal on 12.01.2024 by submitting their
attendance. As none had appeared on 11.01.2024 and also on 12.01.2024 for cross-examination of any of the said
witnesses, that is, S.W.1 to S.W.20, their evidence including cross-examination, were closed on that day. Similarly, as
none had appeared on 11.01.2024 and also on 12.01.2024 before the Tribunal submitting any request to call for the
appearance of C.W.1 for his cross-examination, the evidence of C.W.1 including cross-examination, was also closed
on that day. During the sitting of the Tribunal on 12.01.2024, Sri Haribal Sarkar, Under Secretary to the Government
of Tripura, Home Department appeared in person before the Tribunal and submitted his evidence-on-affidavit as
S.W.21. Though none had appeared before the Tribunal to submit any request for his [S.W.21] cross-examination, the
Tribunal deemed it fit and proper, for ends of justice, to provide another opportunity to any person connected with the
subject-matter for cross-examination of S.W.21 during the next sitting of the Tribunal. For the purpose of facilitating
such cross-examination, if any, the witness – S.W.21 was directed to remain present in person before the Tribunal in
its next sittings scheduled on 29.01.2024 and 30.01.2024 at Guwahati [Gauhati High Court Premises, New Block].
20. The Tribunal held its next sitting at Guwahati [Gauhati High Court Premises, New Block] on 29.01.2024.
The witness – S.W.21, Sri Haribal Sarkar, Under Secretary to the Government of Tripura, Home Department was
present in person before the Tribunal on 29.01.2024. On 29.01.2024, the State of Tripura had adduced evidence of one
more witness, that is, Sri Krieshnendu Chakravertty, Deputy Inspector General of Police [DIGP] [Crime &
Intelligence] and In-Charge, Inspector General of Police [IGP] [Crime] as S.W.22. The said witness S.W.22
submitted his evidence-on-affidavit along with exhibits. As none had appeared before the Tribunal for the purpose of
cross-examination, if any, of S.W.21, the evidence of S.W.21 was closed on 29.01.2024. As the sitting of the Tribunal
was also scheduled on 30.01.2024, the witness S.W.22 was directed to remain present before the Tribunal on
30.01.2024 to provide another opportunity to interested persons, if any, for cross-examination of S.W.22. In its sitting
held on 30.01.2024, the witness – S.W.22 - Sri Krishnendu Chakravertty was present in person apart from the learned
Special Counsel representing the Central Government and the learned counsel representing the State of Tripura. As
none had appeared on 30.01.2024 also for cross-examining S.W.22, the evidence including cross-examination, of
S.W.22 was closed on 30.01.2024 and his personal appearance was accordingly dispensed with. As no person had
appeared on behalf of the two organisations – the NLFT and the ATTF along with their factions, units and front
organisations and/or the principal office bearers of the organisations during the sittings of the Tribunal till that day, the
Tribunal had to observe that the matter/reference had to proceed to the next stage.
21. In the sitting of the Tribunal, held on 16.02.2024, the learned counsel for the State of Tripura had made a
prayer for another sitting of the Tribunal within a week for moving an application seeking leave to adduce further
evidence of two witnesses - S.W.15 & S.W.18 – who had already tendered their evidence on the ground that there
arose necessity to adduce such further evidence due to certain vital and subsequent developments. A submission was
also made on behalf of the State of Tripura to grant leave to adduce additional evidence of more witnesses on the same
ground. The permission to move such application seeking leave was allowed by the Tribunal with the observation that
the matter of admitting additional evidence would be considered in the next sitting of the Tribunal of 23.02.2024.
During the sitting of the Tribunal on 23.02.2024, an application seeking leave was filed on behalf of the State of
Tripura to allow two of the witnesses, S.W.15 & S.W.18 to adduce additional evidence in the form of affidavits. In the
said application, another prayer was made on behalf of the State of Tripura to adduce examination-in-chief of another
witness, S.W.23 – Sri Shyamananda Sarma, Additional Superintendent of Police [SB], Tripura. It was canvassed that
the events which were sought to be brought on record by way of additional evidence through the afore-mentioned
three witnesses were events which had occurred subsequent to filing of the witnesses' [S.W.15 & S.W.18] evidence-
on-affidavits earlier on 11.01.2024. Similar grounds were shown for grant of leave to adduce evidence of S.W.23 - Sri
Shyamananda Sarma, Additional Superintendent of Police [SB], Tripura. The Tribunal upon hearing and after going
through the reasons cited for seeking leave to adduce additional evidence through the afore-mentioned three witnesses,
granted leave. Accordingly, the three witnesses, S.W.15 [Sri Lalduhkima Molsom, Inspector of Police]; S.W.18 [Sri
Sushil Debbarma, Assistant Sub-Inspector of Police]; and S.W.23 [Sri Shyamananda Sarma, Additional
Superintendent of Police (SB)], who were present in person before the Tribunal presented their evidence-on-affidavits.
On being so presented, such evidence-on-affidavits were taken on record.
22. Subsequently, on 11.03.2024, an application was filed on behalf of the State of Tripura before the Registrar
of the Tribunal seeking leave to adduce evidence of 3 [three] more witnesses showing reasons for seeking such leave.
On receipt of the application, the Registrar of the Tribunal placed the same before the Tribunal in its sitting held on
12.03.2024. After hearing the learned counsel for the State of Tripura and upon consideration of the reasons shown in
the application for seeking leave, leave was granted allowing the State of Tripura to adduce evidence of 3 [three] more
witnesses. Accordingly, the 3 [three] witnesses viz. [i] S.W.24 : Sri Sura Kumar Debbarma, Deputy Superintendent of
Police, Crime Branch, Tripura Police Crime Branch, Agartala; [ii] S.W.25 : Sri Abhimanyu R. Prasad, Deputy
Superintendent of Police, Gomati District, Tripura; and [iii] S.W.26 : Sri Nor Bahadur Reang, Deputy Superintendent
of Police, Sepahijhala District, Tripura; appeared in person before the Tribunal and submitted their evidence in the
form of affidavits. The said affidavits were accordingly, taken on record.
23. Three additional affidavits were filed on behalf of the State of Tripura before the Tribunal on 11.03.2024
through Smti. Binki Saha, Tripura Civil Service, Joint Resident Commissioner, Tripura Bhawan. The first of such
additional affidavits was regarding compliance of the Order of the Tribunal dated 06.11.2023. By the Order dated
06.11.2023, notices were directed to be served upon the two organisations in the modes indicated therein and the
Government of Tripura was directed to make necessary and adequate arrangement for service of notices and to file a
report of service of notice. By the additional affidavit, the deponent had submitted some of the documents in original,
which were not submitted with the earlier affidavit of service-cum-report of service. The second of the additional
affidavits was for compliance of the Order of the Tribunal dated 21.12.2023 to bring on record the steps that were
taken by the State of Tripura to cause service of notices upon the two organisations, the NLFT and the ATTF. With
the said affidavit, the original copies of some of the documents were brought on record as regard to those documents,
the original copies were not submitted earlier. The third of the additional affidavits was for compliance of the Order of
the Tribunal dated 12.01.2024 to bring on record the steps that were taken by the State of Tripura to cause service of
notices upon the two organisations, the NLFT and the ATTF. With the said three affidavits, the copies of the
newspapers where the notices were published, were also placed before the Tribunal. With regard to few of the
documents, annexed thereto, certification was made under Section 65B of the Indian Evidence Act, 1872. Having
gone through the contents of the said three additional affidavits and the documents annexed thereto, it is found that
steps were duly taken to cause service of notices upon the noticees through newspapers having wide circulation in the
localities where the two organisations were/are found to have carried out their activities and also through other modes
of publication of notices.
24. The 26 [twenty-six] nos. of witnesses who have filed their individual evidence-on-affidavit as S.W.1 to
S.W.26 are as follows
[1] S.W.1
: Sri Repon Uchoi, Sub-Inspector of Police, Champahawar Police Station;
[2] S.W.2
: Sri Lazarus Lalhmudika Darlong, Inspector of Police & Officer In-Charge, Kailasahar Police
Station;
[3] S.W.3
: Smti Sipra Nath, W/o Litan Nath of Rongpur, Assam;
[4] S.W.4
: Sri Prabir Debbarma, Sub-Inspector of Police, Ananda
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