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Notification publishing the Unlawful Activities (Prevention) Tribunal's order under Section 4(4) of the Unlawful Activities (Prevention) Act, 1967, on whether the Meitei Extremist Organisations of Manipur should be declared unlawful associations.

Detailed Summary

Ministry of Home Affairs Notification S.O. 2080(E) dated 24 May 2024, published under Section 4(4) of the Unlawful Activities (Prevention) Act, 1967, the order dated 6 May 2024 of the Tribunal presided over by Justice Sanjay Kumar Medhi of the Gauhati High Court, constituted to adjudicate whether sufficient cause exists to declare the Meitei Extremist Organisations of Manipur, comprising the Peoples' Liberation Army (PLA) and its wing the Revolutionary Peoples' Front (RPF), the United National Liberation Front (UNLF) and its wing the Manipur People's Army (MPA), the Peoples' Revolutionary Party of Kangleipak (PREPAK) and its Red Army wing, the Kangleipak Communist Party (KCP) and its Red Army wing, the Kanglei Yaol Kanba Lup (KYKL), the Coordination Committee (CorCom), and the Alliance for Socialist Unity Kangleipak (ASUK), as unlawful associations. This follows the original declaration notification S.O. 4899(E) dated 13 November 2023 under Section 3(1) of the Act and the Tribunal's constitution under notification S.O. 5052(E) dated 28 November 2023 under Section 5(1) of the Act, pursuant to a Ministry of Home Affairs reference dated 4 December 2023. The tribunal proceedings record its first sitting on 8 January 2024, directing service of show-cause notices on the organizations by multiple modes including registered post, newspaper publication, public proclamation, and website posting, and a second sitting on 19 February 2024 confirming service via the Ministry's website. Signed by Piyush Goyal, Additional Secretary (F. No. 11011/03/2023-NE.V).

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-24052024-254330 EXTRAORDINARY PART II—Section 3—Sub-section (ii) PUBLISHED BY AUTHORITY No. 1981] NEW DELHI, FRIDAY, MAY 24, 2024/JYAISHTHA 3, 1946 3181 GI/2024 MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 24th May, 2024 S.O. 2080(E).— In terms of Section 4(4) of the Unlawful Activities (Prevention) Act, 1967, the order dated 06.05.2024 of the Tribunal presided over by Hon'ble Mr. Justice Sanjay Kumar Medhi, 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 Meitei Extremist Organizations of Manipur, viz, the Peoples' Liberation Army (PLA) and its political wing, the Revolutionary Peoples' Front (RPF), the United National Liberation Front (UNLF) and its armed wing- the Manipur People's Army (MPA), the Peoples' Revolutionary Party of Kangleipak (PREPAK) and its armed wing- the Red Army, the Kangleipak Communist Party (KCP) and its armed wing also called the "Red Army", the Kanglei Yaol Kanba Lup (KYKL), the Co-ordination Committee (CorCom) and the Alliance for Socialist Unity Kangleipak (ASUK) along with all their factions, wings and front organizations as unlawful associations is published for general information: [No.11011/03/2023-NE. V] PIYUSH GOYAL, Addl. Secy. UNLAWFUL ACTIVITIES [PREVENTION] TRIBUNAL IN THE MATTER OF THE SEVEN VALLEY BASED INSURGENT GROUPS IN THE MATTER OF :- Notification bearing no. S.O. 4899 (E) dated 13.11.2023, published in the Gazette of India in its issue dated 13.11.2023, declaring the (I) the Peoples' Liberation Army (PLA) and its political wing, the Revolutionary Peoples' Front (RPF), (II) the United National Liberation Front (UNLF) and its armed wing, the Manipur Peoples' Army (MPA), (III) the Peoples' Revolutionary Party of Kangleipak (PREPAK) and its armed wing, the “Red Army", (IV) the Kangleipak Communist Party (KCP) and its armed wing, also called the “Red Army”, (V) the Kanglei Yaol Kanba Lup (KYKL), (VI) the Coordination Committee (CorCom) and (VII) the Alliance for Socialist Unity Kangleipak (ASUK) along with all their factions, wings and front organizations, 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. 5052[E] dated 28.11.2023, published in the Gazette of India in its issue dated 28.11.2023 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 (I) the Peoples' Liberation Army (PLA) and its political wing, the Revolutionary Peoples' Front (RPF), (II) the United National Liberation Front (UNLF) and its armed wing, the Manipur Peoples' Army (MPA), (III) the Peoples' Revolutionary Party of Kangleipak (PREPAK) and its armed wing, the "Red Army", (IV) the Kangleipak Communist Party (KCP) and its armed wing, also called the "Red Army", (V) the Kanglei Yaol Kanba Lup (KYKL), (VI) the Coordination Committee (CorCom) and (VII) the Alliance for Socialist Unity Kangleipak (ASUK) 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. 11011/03/2023-NE.V dated 04.12.2023. BEFORE HON'BLE MR. JUSTICE SANJAY KUMAR MEDHI PRESIDING OFFICER For the Union of India : Mr. Subhash Chandra Keyal, Advocate For the State of Manipur : Mr. Pran Bora, Senior Advocate Mr. Manash Haloi, Advocate Mr. Surya Prakash Chittawat, Advocate For the Tribunal : Mr. Saptarshi Das, Registrar, Unlawful Activities (Prevention) Tribunal Date of Order : 06.05.2024 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 referred to as ‘the UA(P) Act', 1967 or simply as ‘The Act', for ease of reference], the Central Government, in the Ministry of Home Affairs, by issuing a Notification bearing no. S.O. 4899 (E) dated 13.11.2023, published in the Gazette of India in its issue dated 13.11.2023, has declared the (I) the Peoples' Liberation Army (PLA) and its political wing, the Revolutionary Peoples' Front (RPF), (II) the United National Liberation Front (UNLF) and its armed wing, the Manipur Peoples' Army (MPA), (III) the Peoples' Revolutionary Party of Kangleipak (PREPAK) and its armed wing, the "Red Army", (IV) the Kangleipak Communist Party (KCP) and its armed wing, also called the "Red Army", (V) the Kanglei Yaol Kanba Lup (KYKL), (VI) the Coordination Committee (CorCom) and (VII) the Alliance for Socialist Unity Kangleipak (ASUK) along with all their factions, wings and front organizations as ‘unlawful associations'. 2. The Notification bearing no. 4899 (E) dated 13.11.2023 has, inter alia mentioned the grounds for which the Central Government is of the opinion that the abovementioned organizations along with all their factions, wings and front organizations should be declared as unlawful associations. The relevant excerpts of the Notification dated 13.11.2023 are reproduced hereunder:- Whereas the Peoples' Liberation Army (PLA) and its political wing, the Revolutionary Peoples' Front (RPF), the United National Liberation Front (UNLF) and its armed wing, the Manipur Peoples' Army (MPA), the Peoples' Revolutionary Party of Kangleipak (PREPAK) and its armed wing, the "Red Army", the Kangleipak Communist Party (KCP) and its armed wing, also called the "Red Army", the Kanglei Yaol Kanba Lup (KYKL), the Coordination Committee (CorCom) and the Alliance for Socialist Unity Kangleipak (ASUK), (hereinafter collectively referred to as the Meitei Extremist Organisations), have, as their professed aim, establishment of an independent nation by secession of Manipur from India through armed struggle and to incite indigenous people of Manipur for such secession; And whereas, the Central Government is of the opinion that they have been, - [i] engaging in activities prejudicial to the sovereignty and integrity of India; [ii] employing and engaging in armed means to achieve the aforesaid objectives; [iii] attacking and killing the Security Forces; the Police and Civilians in Manipur; [iv] indulging in acts of intimidation, extortion and looting of civilian population for collection of funds for their Organisations; [v] making contacts with sources abroad for influencing public opinion and for securing their assistance by way of arms and training for the purpose of achieving their secessionist objective; and [vi] maintaining camps in neighbouring countries for the purpose of safe sanctuaries, training and clandestine procurement of arms and ammunitions; And whereas, the Central Government is also of the opinion that the activities of the Meitei Extremist Organisations are considered 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 Meitei Extremist Organisations 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. 5052[E] dated 28.11.2023, published in the Gazette of India in its issue dated 28.11.2023, 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 Seven Valley Based Insurgent Groups as unlawful associations. 4. The Ministry of Home Affairs, Government of India by an Order bearing no. 11011/03/2023-NE.V dated 29.11.2023 issued under the hand of Sri R.K. Pandey, Director [NE-II], North East Division, had initially appointed Sri Saumarjyoti Dutta, Deputy Registrar (Recruitment-II), Gauhati High Court as the Registrar of the Tribunal in the matter of the Seven Valley Based Insurgent Groups, constituted vide the Notification bearing no. S.O. 5052[E] dated 28.11.2023. However, vide letter no. 11011/03/2023-NE.V dated 01.04.2024, Sri Saptarshi Das, Deputy Registrar (Bench), Gauhati High Court was appointed as Registrar of this Tribunal in place of Sri Saumarjyoti Dutta on account of transfer of the latter. 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. In accordance with the same, the present 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. 11011/03/2023- NE.V dated 04.12.2023. PROCEEDINGS OF THE TRIBUNAL A. First Sitting dated 08.01.2024 6. The Tribunal held its first sitting on 08.01.2024 where the learned Special Counsel, Union of India and the learned State Counsel, Manipur were present. After careful consideration of the material placed by the Central Government and after hearing the learned Special Counsel for the Union of India and the learned counsel for the State of Manipur; the Tribunal was prima facie satisfied that notices under Section 4(2) of the UP(A) Act, 1967 should be issued to the organizations, viz. the (I) the Peoples' Liberation Army (PLA) and its political wing, the Revolutionary Peoples' Front (RPF), (II) the United National Liberation Front (UNLF) and its armed wing, the Manipur Peoples' Army (MPA), (III) the Peoples' Revolutionary Party of Kangleipak (PREPAK) and its armed wing, the "Red Army", (IV) the Kangleipak Communist Party (KCP) and its armed wing, also called the “Red Army", (V) the Kanglei Yaol Kanba Lup (KYKL), (VI) the Coordination Committee (CorCom) and (VII) the Alliance for Socialist Unity Kangleipak (ASUK) along with all their factions, wings and front organizations 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. The Tribunal explicitly opined that the notices shall be served upon the organizations in the following manner:- [i] By Speed Post/Registered A/D at the last known addresses of the Seven Valley based Insurgent Groups along with all their factions, wings and front organizations as well as that of their principal office bearers. [ii] Service of notice be also effected on the Office Bearers of the Seven Valley based Insurgent Groups in Manipur 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 13.11.2023 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 Seven Valley based Insurgent Groups are ordinarily carried on, within 14 days thereof. [iv] By affixing of the notice along with a copy of the Gazette Notification dated 13.11.2023 at the last known addresses of the Seven Valley based Insurgent Groups along with all their factions, wings and front organizations 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 13.11.2023 in the areas in which the activities of the Seven Valley based Insurgent Groups were or are ordinarily carried on. [vi] By displaying the notice along with a copy of the Gazette Notification dated 13.11.2023, 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 Seven Valley based Insurgent Groups were or are believed to be ordinarily carried on. [vii] Notice was directed to be served on the State Government of Manipur through its Chief Secretary. [viii] The Notice and the Gazette Notification dated 13.11.2023 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 Seven Valley based Insurgent Groups 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 Seven Valley based Insurgent Groups. [x] By publishing on the website of Ministry of Home Affairs, Union of India and of the Department of Home and Political, Government of Manipur. [xi] By any other possible modes, including e-mail, etc. 7. The Tribunal directed that report of the service of notice shall be submitted to the Registrar, duly supported by affidavits of the concerned Officer(s)/Official(s) who have effected the service along with the supporting documents. The Tribunal decided to hold its next sitting on 19.02.2024. B. Second Sitting dated 19.02.2024 8. Shri S.C Keyal, learned Special Counsel for the Union of India submitted that in compliance of the order dated 08.01.2024, service of notice through publication in the website of Ministry of Home Affairs, Union of India has been effected and to that effect, an affidavit has been filed before the Registrar of this Tribunal. 9. In the said affidavit, the deponent Shri A.K Dhyani, Director in the Ministry of Home Affairs, Government of India has deposed that in compliance of order dated 08.01.2024 of this Tribunal, publication has been effected in the website of Ministry of Home Affairs, Union of India, viz. (www.mha.gov.in) (home>Division of MHA>North East Division>Notifications Under the Unlawful Activities (Prevention) Act [UAPΑ], 1967>Manipur>Sl. No. 1). 10. However, as far as the affidavit of the State of Manipur is concerned, on careful examination, it was discernible that all the documents pertaining to the various modes of service as enumerated in order dated 08.01.2024, were not annexed and the said affidavit was also lacking in giving requisite details of the modes of service or the attempt to cause service under the said modes. It also appeared from the affidavit and the documents that the notices were effected only on 06.02.2024. Since section 4(2) of the UA(P) Act, 1967 mandates that 30 days time is required to be given from the date of such notice upon the concerned association/person, the proceedings were adjourned and the State of Manipur was explicitly directed to file an additional affidavit annexing all the relevant documents towards service of notice, including the hard copies of the two concerned newspapers and also to make appropriate statements regarding details of such service. C. Third Sitting dated 11.03.2024 11. Pursuant to order dated 19.02.2024, an additional affidavit was filed by the State of Manipur with regard to service of notice as required under section 4(2) of UA(P) Act, 1967 read with Rule 6 of The Unlawful Activities (Prevention) Rules, 1968. 12. In the additional affidavit, the deponent Dr. Mayengbam Veto Singh, Joint Secretary (Home) Government of Manipur deposed that the State of Manipur complied with the order dated 08.01.2024 of this Tribunal for effecting service upon the members of the Seven Valley Based Insurgent Groups by 11 (Eleven) different ways as specified in the order. It was averred that compliance was effected in the manner which is enunciated; (i). With respect to service of notice by Speed Post/Registered A/D at the last known addresses of the Seven Valley based Insurgent Groups along with all their factions, wings and front organizations as well as that of their principal office bearers, the same could not be complied with as the addresses of the Seven Valley based Insurgent Groups are not available. (ii). With respect to service of notice on the Office Bearers of the Seven Valley based Insurgent Groups in Manipur at their addresses, if any, and if under detention, then through the Superintendent [Jail] concerned, notice has been served on 43 (Forty Three) numbers of members who are presently lodged in Manipur Central Jail, Sajiwa. (iii). With respect to service of notice by publication along with a copy of the Gazette Notification dated 13.11.2023 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 Seven Valley based Insurgent Groups are ordinarily carried on, within 14 days thereof; compliance has been effected thereof by publication in a local daily namely ‘Poknapham'on 01.01.2024 and in a National Newspaper namely ‘The Indian Express' on 01.01.2024. (iv). With respect to service of notice by affixing of the notice along with a copy of the Gazette Notification dated 13.11.2023 at the last known addresses of the Seven Valley based Insurgent Groups along with all their factions, wings and front organizations as well as that of their principal office bearers; the same could not be complied with as the addresses are not available. (v). With respect to service of notice by a proclamation by beating of drums as well as loudspeakers about the contents of the notice and the Notification dated 13.11.2023 in the areas in which the activities of the Seven Valley based Insurgent Groups were or are ordinarily carried on; the same was complied with by making announcement by using loudspeaker in the area in which the activities of the Seven Valley based Insurgent Groups were carried on. (vi). With respect to service of notice by displaying the notice along with a copy of the Gazette Notification dated 13.11.2023, 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 Seven Valley based Insurgent Groups were or are believed to be ordinarily carried on; the same has been complied by displaying in the notice boards of Deputy Commissioners, SDMs and Superintendents of Police on 06.02.2024 where the activities of the Seven Valley based Insurgent Groups were carried on. (vii). With respect to service of notice by serving the same on the State Government of Manipur through its Chief Secretary; the same has been served on 08.01.2024. (viii). With respect to service of notice by announcement of the Notice and the Gazette Notification dated 13.11.2023 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 Seven Valley based Insurgent Groups were or are believed to be carried on; the same was complied with by broadcasting in DDK and AIR (Akashvani) on 06.02.2024. (ix). With respect to service of notice by affixing copies of the notice at some conspicuous parts of the offices, if any, of the Seven Valley based Insurgent Groups; the same could not be complied with as the addresses of the Seven Valley based Insurgent Groups are not available. (x). With respect to service of notice by publication on the website of Ministry of Home Affairs, Union of India and of the Department of Home and Political, Government of Manipur; the same was complied with and notice was published in the State Government Official Website on 23.02.2024. (xi). With respect to service of notice by any other possible modes, including e-mail, etc; the State Government took all measures expect vide e-mail as e-mail addresses are not available. 13. The entire original copies of the two newspapers concerned were also filed. The steps taken by the State Government, as averred in the affidavit were scrutinized and were found to be in order. Service was held to be complete as the time prescribed by law to make necessary response had elapsed. The next date was fixed for filing of affidavit by the Union of India and State of Manipur. D. Fourth Sitting dated 01.04.2024 14. The Union of India filed evidence-on-affidavit of Sri Rajesh Kumar Singh, working as Under Secretary in the Ministry of Home Affairs, Government of India. Two documents were exhibited, viz. a. Exhibit-CW1/A: Justification for continuation of declaration of The Seven Valley Based Insurgent Groups as unlawful association w.e.f. 13th November, 2023. b. Exhibit-CW1/B: Notification dated 13.11.2023 declaring the Seven Valley Based Insurgent Groups as unlawful associations under the UA(P) Act, 1967. 15. The learned counsel representing the State of Manipur had placed 7 (Seven) list of witnesses which are described as under; +-----+---------------------------------------------------------+-------------------------------------------------+ | SI. | Name of Deponent | List of Witnesses For | | No. | | | +=====+=========================================================+=================================================+ | 1. | S.W-1: Dr. Mayengbam Veto Singh; Joint Secretary (Home),| The Seven Valley Based Insurgent | | | Manipur Govt. | Groups | +-----+---------------------------------------------------------+-------------------------------------------------+ | | S.W-2: Kabib K.; IGP (Int/NAB), Manipur | | +-----+---------------------------------------------------------+-------------------------------------------------+ | 2. | S.W-1: Sri Laishram Khogen Singh, S.D.P.O, Bishnupur P.S| Peoples' Liberation Army (PLA) | | | S.W-2: Babitarani Swain, S.D.P.O, Porompat | and its Political Wing The | | | S.W-3: Sri L. Santosh Singh, S.D.P.O, Imphal. | Revolutionary Peoples' Front | | | S.W-4: Sri K. Meghachandra Singh, Superintendent of | (RPF) | | | Police, Imphal East. | | | | S.W-5: Ksh. Shivakanta Singh, Superintendent of Police, | | | | Imphal West. | | | | S.W-6: Sri Amitabh Singh Arambam, Officer-in-Charge, | | | | Bishnupur P.S. | | | | S.W-7: Maimom Jiten Singh, Officer-in-Charge, Namboi | | | | P.S. | | +=====+=========================================================+=================================================+ | 3. | S.W-1: Sri Kangjam Santosh Singh, S.D.P.O, Moirang P.S | The United National Liberation | | | S.W-2: Babitarani Swain, S.D.P.O, Porompat | Front (UNLF) and its Armed Wing | | | S.W-3: Sri L. Santosh Singh, S.D.P.O, Imphal. | The Manipur Peoples' Army | | | S.W-4: Sri K. Meghachandra Singh, Superintendent of | (MPA) | | | Police, Imphal East. | | | | S.W-5: Ksh. Shivakanta Singh, Superintendent of Police, | | | | Imphal West. | | | | S.W-6: Sri Wankheimayumro Mi Singh, Officer-in-Charge, | | | | Moirang P.S. | | | | S.W-7: Atom Chitaranjen Meitei, Officer-in-Charge, | | | | Keibul Lamjao P.S. | | +=====+=========================================================+=================================================+ | 4. | S.W-1: Sri Laishram Khogen Singh, S.D.P.O, Bishnupur P.S| The People's Revolutionary Party | | | S.W-2: Babitarani Swain, S.D.P.O, Porompat | of Kangleipak (PREPAK) / The | | | S.W-3: Sri L. Santosh Singh, S.D.P.O, Imphal. | People's Revolutionary Party of | | | S.W-4: Sri K. Meghachandra Singh, Superintendent of | Kangleipak-Progressive | | | Police, Imphal East. | (PREPAK-PRO) and its Armed | | | S.W-5: Ksh. Shivakanta Singh, Superintendent of Police, | Wing The Red Army | | | Imphal West. | | | | S.W-6: Sri Amitabh Singh Arambam, Officer-in-Charge, | | | | Bishnupur P.S. | | | | S.W-7: Maimom Jiten Singh, Officer-in-Charge, Namboi | | | | P.S. | | +=====+=========================================================+=================================================+ | 5. | S.W-1: Sri Laishram Khogen Singh, S.D.P.O, Bishnupur P.S| The Kangleipak Communist Party | | | S.W-2: Babitarani Swain, S.D.P.O, Porompat | (KCP) and Its Armed Wing The | | | S.W-3: Sri L. Santosh Singh, S.D.P.O, Imphal. | Red Army | | | S.W-4: Sri K. Meghachandra Singh, Superintendent of | | | | Police, Imphal East. | | | | S.W-5: Ksh. Shivakanta Singh, Superintendent of Police, | | | | Imphal West. | | | | S.W-6: Sri Amitabh Singh Arambam, Officer-in-Charge, | | | | Bishnupur P.S. | | | | S.W-7: Maimom Jiten Singh, Officer-in-Charge, Namboi | | | | P.S. | | | | S.W-8: Ngangom Romen, S.D.P.O, Lamlai. | | +=====+=========================================================+=================================================+ | 6. | S.W-1: Sri Laishram Khogen Singh, S.D.P.O, Bishnupur P.S| The Kanglei Yaol Kanba Lup | | | S.W-2: Babitarani Swain, S.D.P.O, Porompat | (KYKL) | | | S.W-3: Sri L. Santosh Singh, S.D.P.O, Imphal. | | | | S.W-4: Sri K. Meghachandra Singh, Superintendent of | | | | Police, Imphal East. | | | | S.W-5: Ksh. Shivakanta Singh, Superintendent of Police, | | | | Imphal West. | | | | S.W-6: Sri Amitabh Singh Arambam, Officer-in-Charge, | | | | Bishnupur P.S. | | | | S.W-7: Maimom Jiten Singh, Officer-in-Charge, Namboi | | | | P.S. | | +=====+=========================================================+=================================================+ | 7. | S.W-1: Sri L. Santosh Singh, S.D.P.O, Imphal. | The Coordination Committee | | | S.W-2: Ksh. Shivakanta Singh, Superintendent of Police, | (CORCOM) | | | Imphal West. | | +-----+---------------------------------------------------------+-------------------------------------------------+ 16. The total number of depositions for the State of Manipur are 40. However, on perusal of the documents marked as exhibits, it was discerned that all the exhibits are either photocopies or certified copies and the original documents were said to be in possession of either the State of Manipur or the Ministry of Home Affairs, Government of India. As such, before these documents could be admitted as evidence, the originals were required to be produced. As such, the next date was fixed for production of the original documents and cross- examination of the witnesses who had filed their evidence-on-affidavit. E. Fifth Sitting dated 09.04.2024 17. During the proceedings of the Tribunal on 09.04.2024, all the original documents, the photocopies or certified copies of which were marked as exhibits, were produced before the Tribunal. Sri Saptarshi Das, Registrar of this Tribunal, scrutinized all the photocopies and certified copies and compared them with the original and placed them before the Tribunal after completion of such scrutiny. 18. Also, 4 (Four) deponents for the State of Manipur were physically present in the Court for the purpose of cross- examination and 1 (One) deponent for Union of India and 10 (Ten) deponents for State of Manipur were present vide video-conferencing for cross-examination, approval of which was already sought in advance. In spite of their appearance, none turned up from the Seven Valley Based Insurgent Groups to cross-examine them. As such, evidence was closed and the next date was fixed for written submissions. F. Sixth Sitting dated 25.04.2024 19. The learned counsel for Union of India and State of Manipur tendered their written submissions and hearing was concluded. The matter was reserved for necessary order(s). The contentions/submissions will be delved into in detail in the succeeding paragraphs. DISCUSSIONS, DECISIONS AND REASONS THEREOF 20. The Union of India submitted that in the State of Manipur, militant activities are carried out, inter alia, by Meitei extremist organizations, also called as Valley Based Insurgent groups which include Peoples' Liberation Army generally known as PLA, and its political wing, the Revolutionary Peoples;' Front (RPF), the United National Liberation Front (UNLF), the Peoples' Revolutionary Party of Kangleipak (PREPAK) and its armed wing, the 'Red Army'; the Kangleipak Communist Party (KCP) and its armed wing, also called the 'Red Army'; the Kanglei Yaol Kanba Lup (KYKL), the Coordination Committee (CorCom) and the Alliance for Socialist Unity Kangleipak (ASUK). 21. These insurgent groups were initially declared as unlawful associations in 1979 and since then, these declarations have been continuously extended. The objective of these organizations is secession from India and to regain the perceived lost sovereignty of Manipur State through armed struggle. To achieve these objectives, these outfits are engaged in various violent and illegal activities including attacking/killing security forces, government employees, law abiding citizens and non-locals in Manipur, intimidation, extortion, collection of illegal taxes from employees, commercial establishments, development works, kidnapping for ransom, arms and drugs smuggling, procurement of arms or ammunitions from abroad, maintaining camps in neighboring countries for sanctuary and training. 22. These organizations have their camps or hideouts or shelter places in Myanmar like Sagaing, Chin and Rakhine for the purposes of sanctuary, training and clandestine procurement of arms and ammunition. Their areas of influence include valley districts of Manipur including Imphal East, Imphal West, Thoubal, Bishnupur, Jiribam and Kakching and some Kuki and Vaiphei dominated hill districts of State, like Tengnopal. 23. The Union of India has brought to the notice of this Tribunal that the cadre strength of these extremist organizations is approximately 1250. These extremist organizations have highly sophisticated weapons, arms and ammunitions, explosive devices with weaponry numbering 1559 approximately. 24. During the period from 13 November, 2018 till December 2022, a total of 1019 cases under UA(P) Act, 1967 have been registered against them, chargesheets filed in 11 cases and 03 persons have been prosecuted or convicted. Also, during the last five years (2019-2023) and in the current year of 2024 (upto 29.02.2024), out of a total of 689 violent incidents in Manipur, these extremist organizations were responsible for 335 incidents in which 09 security personnel and 21 civilians were killed. During this period, 205 arms were recovered and surrender of 95 extremists and arrest of 1179 extremists with 39 arms have materialized from these extremist organizations. 25. It has been submitted that various illegal or violent activities have been reported in respect of these insurgent groups. In the year 2020, 44 violent incidents were perpetrated by these organizations which include 04 ambushes on security forces, 12 explosions of bombs/HGs/IEDs, 16 planting of bombs and 24 acts of intimidation. These violent activities resulted in the unfortunate deaths of three personnel of Assam Rifles and injuries to six others in Indo-Myanmar border area of Chandel in July, 2020. 26. In the year 2021, 60 violent incidents were perpetrated by these organizations which include 05 ambushes, 08 explosions, 29 planting of bombs, 02 attacks on civilians and 36 extortion related Incidents. In November 2021, in an ambush in district Churachandpur, 05 Assam Rifles personnel (including CO of 46 Assam Rifles) were killed, seven were injured and 03 civilians were killed. In the year 2022, 96 violent incidents were perpetrated by these organizations which include 04 ambushes, 04 attacks on civilians, 29 explosions, 42 planting of explosives and 52 extortion related incidents. One Assam Rifles personnel tragically lost his life, three others were injured and 05 civilians were killed in the year 2022. In the year 2023, these organizations are responsible for 51 violent incidents in Manipur, in which 6 civilians were killed. During this period, the security forces have arrested 145 cadres of these organizations with 28 arms. These groups were involved in 11 kidnappings/abductions cases in Manipur. During the first two months of current year (Jan & Feb, 2024), a total of 24 violent incidents were perpetrated by these organizations in which 7 civilians were killed. 13 persons have been kidnapped/ abducted by these organizations during the same period. 27. These organizations are also engaged, through their front organizations and civil society organizations, in targeting non-local population, protesting against peace talks of authorities with other ethnic groups of the State, boycotting national days like Republic Day and opposing merger of Manipur with Indian Union. 28. The learned Special Counsel has strenuously submitted that the Central Government is of the opinion that the Seven Valley Based Insurgent Groups along with their factions, wings and front organizations should be declared as 'unlawful associations' under the UA (P) Act, 1967 for a further period of five years with effect from 13th November, 2023 for the following reasons- a. Espousal of the policy of secession of Manipur from India, b. Engagement in activities prejudicial to the sovereignty and integrity of India; с. Adoption of violence and terror through armed action as a means for achieving their objective; d. Attack and killing of security forces personnel and civilian in Manipur; e. Extortion and illegal collections from the public; f. Contact with sources abroad for influencing public opinion and for securing their assistance by way of arms and training for the purpose of achieving their secessionist objective; and g. Maintenance of camps in neighboring country for the purpose of sanctuaries, training and clandestine procurement of arms and ammunitions. 29. In view of the objectives, unlawful activities and violent activities being carried out by the Seven Valley Based Insurgent Groups, these outfits have been declared as unlawful association under the Unlawful Activities (Prevention) Act, 1967 vide notification dated 13th November, 2023. The State Government of Manipur and Security Agencies has been consulted and they have recommended that these organizations be declared as 'unlawful associations' under the UA (P) Act, 1967 for a further period beyond 12.11.2023. The last notification, declaring these organizations as unlawful association was issued vide S.O. 5681 (E) dated 13.11.2018. A reference under sub-section (1) of Section 4 of the Unlawful Activities (Prevention) Act, 1967 was made to the Unlawful Activities (Prevention) Tribunal consisting of Hon'ble Mr. Justice G.S. Sistani, Judge of the Delhi High Court and the learned Tribunal vide its order dated 07.05.2019 had confirmed the notification dated 13.11.2018 issued by the Government of India. The declaration has now been extended for a further period of five years we.f. 13.11.2023 vide notification S.O. 4899 dated 13 11.2023. 30. The State Government of Manipur, in its justification for extension of notification for declaring the Seven Valley Based Insurgent Groups as unlawful association', in its written submission has enumerated the detailed activities of this outfit including case registered, number of charge sheets filed, copies of press release, newspaper clippings etc. In view of the foregoing submissions, it has been submitted that it is necessary to give effect to the notification declaring these organizations as 'unlawful association' from the date of its publication in the official gazette, under proviso to sub section (3) of UA(P) Act, 1967. 31. The State of Manipur, through its written submissions, has also comprehensively dealt with the respective criminal cases against the the Seven Valley Based Insurgent Groups and their members which would be reflected in the succeeding paragraphs. 32. After having bestowed my utmost consideration on the submissions, it is imperative that a comprehensive analysis of the evidences tendered by the State of Manipur in respect of the Seven Valley Based Insurgent Groups be undertaken to ascertain as to whether those would fall within the ambit of the definition of 'unlawful association' as defined by section 2(1)(p) of UA(P) Act, 1967. The particulars of the Seven Valley Based Insurgent Groups will be discussed separately. 'Association” and “Unlawful Association' as defined by UA(P) Act, 1967 33. 'Association', as per Section 2(1)(a) of the UA(P) Act, 1967, means any combination or body of individuals. As per Section 2(1)(0) of the UA(P) Act, 1967, ‘unlawful activity', in relation to an individual or association, means any action taken by such individual or association [whether by committing an act or by words, either spoken or written, or by signs or by visible representation or otherwise], i. which is intended, or supports any claim, to bring about, on any ground whatsoever, the cession of a part of the territory of India or the secession of a part of the territory of India from the Union, or which incites any individual or group of individuals to bring about such cession or secession; ii. which disclaims, questions, disrupts or is intended to disrupt the sovereignty and territorial integrity of India; or iii. which causes or is intended to cause disaffection against India. 34. 'Unlawful Association' has been defined in Section 2(1)(p) of the UA(P) Act, 1967 and it means any association, i. which has for its object any unlawful activity, or which encourages or aids persons to undertake any unlawful activity, or of which the members undertake such activity; or ii. which has for its object any activity which is punishable under Section 153A or Section 153B of the Indian Penal Code [45 of 1860], or which encourages or aids person to undertake any such activity, or of which the members undertake any such activity; provided that nothing contained in sub-clause [ii] shall apply to the State of Jammu and Kashmir. 35. Germane to the moot issue in discussion is the observation by the Hon'ble Supreme Court of India in Jamaat-E- Islami Hind vs. Union of India, reported in (1995) 1 SCC 428, wherein the Hon'ble Supreme Court, was pleased to opine that an 'unlawful activity', defined in the UA(P) Act, 1967, means 'any action taken' of the kinds specified therein and having the consequence mentioned. It has been further observed to the effect that the definitions of 'unlawful activity' and 'unlawful association', as provided in the UA(P) Act, 1967, make it evident that the determination of the question whether any association is, or has become, an unlawful association to justify a declaration under Section 3(1) thereof should be that 'any action taken', by such association constitutes an unlawful activity' which is the object of the association or the object is any activity punishable under Section 153A or Section 153B of the Indian Penal Code. 36. The foregoing paragraph makes it vividly discernible that declaration of an association to be 'unlawful' primarily hinges on the fact whether 'any action taken' thereof by the association constitutes an unlawful activity' within the meaning of law. A declaration as regards an association under Section 3(1) as 'unlawful association' has to be based on an objective determination of the matter by the Central Government. 37. Furthermore, section 4 of the UA(P) Act, 1967 requires confirmation of the act of the Central Government by the Tribunal. The necessity and purpose underlying the making of the reference to the Tribunal under Section 4(1) is an adjudication by the Tribunal of the existence of sufficient cause for making the declaration. 38. The said 'sufficient cause' can only be elucidated by an inquiry and the nature of inquiry contemplated by the Tribunal under Section 4(3) requires it to weigh the materials on which the notification under Section 3(1) has been issued by the Central Government; the cause shown by the association which has been declared as an unlawful association in reply to the notice issued to it; and to take into consideration such further information which it may call for; to decide the existence of sufficient cause for declaring the association to be unlawful. 39. This Tribunal has to undertake an objective inquiry whether the Seven Valley Based Insurgent Groups are unlawful associations or not. Notwithstanding the fact that the Seven Valley Based Insurgent Groups did not tender appearance to challenge the notification dated 13.11.2023, it is imperative that the documents exhibited by the Union of India and State of Manipur and subjected to the test of objectivity and so that the activities of the Seven Valley Based Insurgent Groups satisfy the rigours of the definition of 'unlawful activity' under section 2(1)(o) of the UA(P) Act, 1967 in order to ascertain whether they are ‘unlawful associations' under section 2(1)(p) of the Act. 40. The Seven Valley Based Insurgent Groups are discussed individually in the following paragraphs. PEOPLES' LIBERATION ARMY (PLA) AND ITS POLITICAL WING THE REVOLUTIONARY PEOPLES' FRONT (RPF) 41. THE PEOPLE'S LIBERATION ARMY (PLA) was established under the leadership of N. Bisheswar Singh on 25.09.1978 with the objective to organize a revolutionary front covering the entire Northeast and unite all ethnic groups, including the Meiteis, Nagas and Kukis to liberate Manipur. PLA, though a Meitei outfit, claims itself to be a trans-tribal organization seeking to lead the non-Meiteis as well. 42. As part of its revitalization efforts, the PLA was reorganized on the lines of a disciplined army. The militant wing now comprises of four divisions, viz. Sadar Hill West areas of the Valley of Manipur, Sadar Hill areas in the eastern Valley, the entire hill areas in Manipur and the entire Imphal area. Each division has a commander, lieutenants, sergeant and lance corporals in its ranks. PLA activists are equipped with sophisticated arms. The group has also been reportedly involved in widespread extortion operations. 43. The PLA recruits were trained in guerrilla warfare by the then United National Socialist Council of Nagaland (NSCN) at its headquarters in Challam, beyond the Somrah Tract, in north Myanmar during the eighties. PLA is also reported to have contacts with Pakistan's Inter Services Intelligence (ISI). PLA has a government-in-exile in Bangladesh where the PLA has set up a number of bases in the Sylhet district. Two camps in Myanmar and five camps in Bangladesh are currently known to exist, where recruits receives arms training. 44. A perusal of the evidence-on-affidavit, more particularly, evidence-on-affidavit of S.W-2, Shri. Kabib K., IGP, makes it ostensible that even though the organisation THE PEOPLE'S LIBERATION ARMY (PLA) was banned and such declaration has been last confirmed w.e.f. 13.11.2018 (Gazette Notification No. S.O. 5681 (E) dated 13.11.2018) for a period of five years, however, the members of the organisation THE PEOPLE'S LIBERATION ARMY (PLA) were still active and during the aforesaid period, i.e. from 13.11.2018 to 12.11.2023 and as many as 229 F.I.Rs were registered is against the members of the organisation THE PEOPLE'S LIBERATION ARMY (PLA). The details of the district wise list of registered F.I.Rs are provided in a tabular form hereunder: +-----------------+--------------+ | District | No. of FIRS | +=================+==============+ | Bishnupur | 27 | +-----------------+--------------+ | Chandel | 7 | +-----------------+--------------+ | Churachandpur | 13 | +-----------------+--------------+ | Imphal East | 55 | +-----------------+--------------+ | Imphal West | 56 | +-----------------+--------------+ | Jiriban | 4 | +-----------------+--------------+ | Kakching | 18 | +-----------------+--------------+ | Kanjong | 3 | +-----------------+--------------+ | Kangpokpi | 2 | +-----------------+--------------+ | Tengnoupal | 16 | +-----------------+--------------+ | Thoubal | 27 | +-----------------+--------------+ | Ukhrul | 1 | +-----------------+--------------+ | TOTAL | 229 | +-----------------+--------------+ 45. In respect of PEOPLES' LIBERATION ARMY (PLA) and its political wing THE REVOLUTIONARY PEOPLES' FRONT (RPF), the State of Manipur adduced as many as Seven (7) Witnesses i.e. S.W-1 to S.W-7. i. SW - 1 SHRI. LAISHRAM KHOGEN SINGH being the Sub-Divisional Police Officer (SDPO) Bishnupur Police Station, exhibited as many as 5 F.I.Rs being, F.I.R dated 31/12/2018 (Exhibit- A-1); F.I.R dated 22/06/2019 (Exhibit- A-2), F.I.R dated 28.05.2020 (Exhibit- A-3); F.I.R dated 31.12.2018 (Exhibit- A-4) and F.I.R dated 14.06.2022 (Exhibit- A-5). ii. SW - 2 SMTI. BABITARANI SWAIN, IPS being the Sub-Divisional Police Officer (SDPO) Porompat, exhibited as many as 3 F.I.Rs being, F.I.R dated 14-06-2019 (Exhibit- A-6); F.I.R dated 08-07-2022 (Exhibit- A-7) and F.I.R dated 09-02-2022 (Exhibit- A-8). iii. SW - 3 SRI L. SANTOSH SINGH, being the Sub -Divisional Police Officer (SDPO) Imphal, exhibited as many as 2 F.I.Rs being, F.I.R dated 12.03.2023 (Exhibit- A-9) and F.I.R dated 06.02.2024 (Exhibit- A-10). iv. SW - 4 SHRI. K. MEGHACHANDRA SINGH, being the Superintendent of Police of Imphal East District certified the copies of the F.I.R to be True Copies of Original, in respect of the F.I.R's lodged in Imphal East District in State of Manipur. V. SW – 5 KSH. SHIVAKANTA SINGH, IPS, being the Superintendent of Police of Imphal West District certified the copies of the F.I.R to be True Copies of Original, in respect of the F.I.Rs lodged in Imphal West District in State of Manipur. vi. SW – 6 SHRI. AMITABH SINGH ARAMBAM, being the Officer-In-charge, Bishnupur Police Station, certified the copies of the F.I.R to be True Copies of Original, in respect of the F.I.R's lodged in Bishnupur Police Station. vii. SW – 7 SHRI. MAIMOM JITEN SINGH, being the Officer-In-charge, Nambol Police Station, certified the copies of the F.I.R to be True Copies of Original, in respect of the F.I.Rs lodged in Nambol Police Station. 46. Let me discuss in brief the exhibits adduced. It is pertinent to mention that all the accused persons named in the F.I.R are suspected members of the valley based insurgent group. Exhibit A-1 is F.I.R No. 1(1)/2019 of Bishnupur P.S under sections 17/20 of UA(P) Act, 1967 lodged by one Hemanta Singh against one Naorem Indrakumar Singh and the allegation encircling the F.I.R was that of extortion on 31.12.2018 at around 5:30 P.M. Exhibit A-2 is F.I.R No. 39(6)/2019 of Bishnupur P.S under section 20 of UA(P) Act, 1967 lodged by S.I N. Gallant Singh against one Nongmaithem Oken Singh @ Thouba wherein the accused person was apprehended on being suspected to be a member of the insurgent group. Exhibit A-3 is F.I.R No. 24(5)/2020 of Bishnupur P.S under section 20 of UA(P) Act, 1967 lodged by A.S.I Gyanen Kshatriya against one Hijam Subol Singh @ Panamba wherein the accused person was apprehended on being suspected to be a member of the insurgent group. 47. Exhibit A-4 is F.I.R No. 23(3)/2021 of Bishnupur P.S under section 20 of UA(P) Act, 1967 lodged by A.S.I H. Robash Singh against one S/S Capt. Thounaojam Bullet Singh @ Nonglen. Exhibit A-5 is F.I.R No. 29(6)/2022 of Nambol P.S under section 20 of UA(P) Act, 1967 lodged by HC Y. Shanta Singh against one Naorem Ingoba Singh @ Ingo. Exhibit A-6 is F.I.R No. 45(6)/2019 of Porompat P.S under section 20 of UA(P) Act, 1967 lodged by Jem L. Thangminlem Khongsai against one Naoroibam Joyshankar Singh @ Bungochou @ Loyumba. In these cases, the accused persons were apprehended on being suspected to be members of the insurgent group. 48. Exhibit A-7 is F.I.R No. 26(07)/2022 of Porompat P.S under sections 302/34 of IPC read with 25(1-C) of Arms Act read with sections 16/20 of UA(P) Act, 1967 lodged by Inspector Md. Riaj Khan against unknown accused persons for the offences of murder and illegal possession of firearms. 49. Exhibit A-8 is F.I.R No. 20(02)/2022 of Keirao Bitra P.S under sections 25(1-C) of Arms Act read with section 20 of UA(P) Act, 1967 lodged by S.I Md. Khalilur Rahman against Thokchom Jogendrajit Singh @ Chinglen @Abinash for being member of valley based insurgent groups and for illegal possession of firearms. Exhibit A-9 is F.I.R No. 45(3)/2023 of Singjamei P.S under section 25(1-B) of Arms Act read with section 39 of UA(P) Act, 1967 lodged by HC A. Rajeshwor Singh against 1) Ayekpam Abi Singh @ Rabi, 2) Kongjembam Abinash Singh @ Ibungo and 3) Ayekpam Kumarjit Singh for being member of valley based insurgent groups and for illegal possession of firearms. Finally, Exhibit A-10 is F.I.R No. 11(02)/2024 of Imphal P.S under sections 121/121A of IPC read with sections 13/17/20 of UA(P) Act, 1967 lodged by S.I N. Gavaskar Singh against one Maibam Arunkumar Singh for being member of valley based insurgent groups and for waging war against the government of India. 50. So, it is seen that Peoples' Liberation Army (PLA) and its political wing The Revolutionary Peoples' Front (RPF) have been active in various districts of Manipur and have continued the pursuit of their aim which has resulted in a catena of violent incidents across the State of Manipur. THE UNITED NATIONAL LIBERATION FRONT (UNLF) AND ITS ARMED WING THE MANIPUR PEOPLES' ARMY (MPA) 51. THE UNITED NATIONAL LIBERATION FRONT (UNLF) and its armed wing THE MANIPUR PEOPLES' ARMY (MPA) is the oldest Meitei insurgent group in the State and was formed under the leadership of Areambam Samrendra Singh on 24.11.1964 to achieve independence and a socialist society. A pan-Manipuri Youth League was also formed in December 1968. Later, differences within the outfit surfaced over the issue of strategies to be adopted. While Samrendra Singh sought to spread ideological consciousness before launching an armed struggle, the more radical leader Oinam Sudhir Kumar established a Revolutionary Government of Manipur (RGM). Samarendra Singh was killed by unidentified terrorists in Imphal on 10.06.2001. In the 1970s and 1980s, the UNLF concentrated mainly on mobilization and recruitment. In 1990, it decided to launch an armed struggle for the 'liberation' of Manipur from India. In the same year, it formed an armed wing called the Manipur People's Army (MPA). The major ideologies and operations of UNLF and MPA are elucidated as under: a. To establish an independent socialist Manipur. b. UNLF 's armed wing is called the MPA (Manipur People's Army). It also maintains a communication and publicity cell. c. UNLF operates in the Jiribam Valley and Cachar district of Assam. d. UNLF after its formation, established a political relationship with the authority of the then East Pakistan, and underwent military training in 1969. They also supported the Pakistani army during the 1971 Bangladesh Liberation War. Later, the group also developed a relationship with China even while continuing its relations with Pakistan. On 14.06.1975, UNLF leader N. Bisheswar Singh and 16 other Meitei rebels proceeded to Lhasa to seek Chinese assistance. The group has links with Naga and Mizo terrorist outfits as well. On 22.05.1990, the UNLF, along with other insurgent groups operating in the Northeast the National Socialist Council of Nagaland – Khaplang (NSCN-K), the United Liberation Front of Asom (ULFA), and the Kuki National Army (KNA) – floated a pan-Mongoloid coalition called the Indo-Burma Revolutionary Front (IBRF) to wage a 'united struggle for the independence of Indo-Burma'. The UNLF has training camps in Myanmar and Bangladesh. It also maintains a close association with the NSCN-K. 52. From the evidence adduced, more particularly, evidence-on-affidavit of S.W-2, Shri. Kabib K., IGP, shows that though the organisation THE UNITED NATIONAL LIBERATION FRONT (UNLF) and its armed wing THE MANIPUR PEOPLES' ARMY (MPA) were banned and such declaration has been last confirmed w.e.f. 13.11.2018 (Gazette Notification No. S.O. 5681 (E) dated 13.11.2018) for a period of five years; however, the members of the organisation THE UNITED NATIONAL LIBERATION FRONT (UNLF) and its armed wing THE MANIPUR PEOPLES' ARMY (MPA) were still active and during the aforesaid banning period, i.e. from 13.11.2018 to 12.11.2023, as many as 254 F.I.R's were registered against the members of the organisation THE UNITED NATIONAL LIBERATION FRONT (UNLF) and its armed wing THE MANIPUR PEOPLES' ARMY (MPA). The details of the district wise list of registered F.I.Rs are provided in a tabular form hereunder: +-----------------+--------------+ | District | No. of FIRS | +=================+==============+ | Bishnupur | 28 | +-----------------+--------------+ | Chandel | 6 | +-----------------+--------------+ | Churachandpur | 11 | +-----------------+--------------+ | Imphal East | 78 | +-----------------+--------------+ | Imphal West | 58 | +-----------------+--------------+ | Jiribam | 4 | +-----------------+--------------+ | Kakching | 20 | +-----------------+--------------+ | Kanjong | 7 | +-----------------+--------------+ | Kangpokpi | 1 | +-----------------+--------------+ | Tengnoupal | 9 | +-----------------+--------------+ | Thoubal | 32 | +-----------------+--------------+ | TOTAL | 254 | +-----------------+--------------+ 53. In respect of THE UNITED NATIONAL LIBERATION FRONT (UNLF) and its armed wing THE MANIPUR PEOPLES' ARMY (MPA), the State of Manipur adduced as many as Seven (7) Witnesses i.e. S.W-1 to S.W-7. SW - 1 SHRI. KANGJAM SANTOSH SINGH being the Sub-Divisional Police Officer (SDPO) Moirang Police Station, exhibited as many as 4 F.I.Rs being, F.I.R dated 08-09-2019 (Exhibit- B-1); F.I.R dated 09.02.2020 (Exhibit- B-2); F.I.R dated 18.03.2021 (Exhibit- B-3) and F.I.R dated 21.02.2022 (Exhibit- B-4). i. W - 2 SMTI. BABITARANI SWAIN, IPS being the Sub-Divisional Police Officer (SDPO) Porompat, exhibited 3 F.I.Rs being, F.I.R dated 08.02.2019 (Exhibit- B-5), F.I.R dated 17.01.2020 (Exhibit- B-6) and F.I.R dated 28.11.2021 (Exhibit- B-7). ii. SW - 3 SRI L. SANTOSH SINGH, being the Sub -Divisional Police Officer (SDPO) Imphal, exhibited as many as 3 F.I.Rs being, F.I.R dated 04.09.2023 (Exhibit- B-8), F.I.R dated 20.10.2022 (Exhibit- B-9) and F.I.R dated 25.10.2023 (Exhibit- B-10). iii. SW - 4 SHRI. K. MEGHACHANDRA SINGH, being the Superintendent of Police of Imphal East District certified the copies of the F.I.R to be True Copies of Original, in respect of the F.I.Rs lodged in Imphal East District in State of Manipur. iv. SW – 5 KSH. SHIVAKANTA SINGH, IPS, being the Superintendent of Police of Imphal West District certified the copies of the F.I.R to be True Copies of Original, in respect of the F.I.Rs lodged in Imphal West District in State of Manipur. V. SW – 6 SHRI. WANKHEIMAYUM ROMI SINGH, being the Officer-In-charge, Moirang Police Station, certified the copies of the F.I.R to be True Copies of Original, in respect of the F.I.Rs lodged in Moirang Police Station. vi. SW 7 SHRI. ATOM CHITARANJEN MEITEI, being the Officer-In-charge, Keibul Lamjao Police Station, certified the copies of the F.I.R to be True Copies of Original, in respect of the F.I.Rs lodged in Keibul Lamjao Police Station. 54. Let me discuss in brief the exhibits adduced. It is pertinent to mention that all the accused persons named in the F.I.R are suspected members of the valley based insurgent group. Exhibit B-1 is F.I.R No. 13(9)/2019 of Keibul Lamjao P.S under section 302/34 of IPC read with section 25(1-C) of Arms Act read with sections 18 and 20 UA(P) Act, 1967 lodged by S.I O. Jotin Singh against three unknown persons for the offence of murder and illegal possession of firearms. Exhibit B-2, Exhibit B-3 and Exhibit B-4 have been registered against the accused persons for being unlawful members of UNLF. Exhibit B-2 is F.I.R No. 3(2)/2020 of Keibul Lamjao P.S against one Haobijam Bisheshwor Sing; Exhibit B-3 is F.I.R No. 23(3)/2021 of Moriang P.S lodged by HC S. Gyaneswar Singh against one Naorem Ratan @ Loya and Exhibit B-4 is F.I.R No. 8(2)/2022 of Moirang P.S lodged by one Ningthoukhongjam Loken Singh against one Oinam Rameshchandra Singh @ Nanao. These three F.I.Rs were registered under section 20 of UA(P) Act, 1967. 55. In a similar vein, Exhibit B-5 to Exhibit B-10 were also lodged under various sections of UA(P) Act, 1967 against members of UNLF for being members of an unlawful association. For the sake of brevity, the same is enunciated hereunder: a. Exhibit B-5 is F.I.R No. 04(02)/2019 of Heingang P.S lodged by Dinesh N UC against Khoirakpam Maheswor Singh. b. Exhibit B-6 is F.I.R No. 14(01)/2020 of Porompat P.S lodged by Jem Md. Zakariya against 1) Khoijam Jiten Singhand Athokpam Somokanta Singh. c. Exhibit B-7 is F.I.R No. 50(11)/2021 of Porompat P.S lodged by L. Dhanabir Singh against 1) Laithangba Prafullo Singh 2) Laitonjam Kumar Singh and 3) Wahengbam Tompok Singh. d. Exhibit B-8 is F.I.R No. 118(9)/2022 of Singjamei P.S lodged by Jem L. Chingkheinganba against 3 accused persons. e. Exhibit B-9 is F.I.R No. 146(10)/2022 of Singjamei P.S lodged by Jem Radhakishor Tongbram against Ningthoujam Bijoy Singh. f. Exhibit B-10 is F.I.R No. 684(10)/2023 of Singjamei P.S lodged by N. Borkumar Meetei against 1) Ningthoujam Bijoy Singh @ Kuber and 2) Ningthoujam Suresh Singh @ Naocha. 56. So, it is seen that The United National Liberation Front (UNLF) and its armed wing The Manipur Peoples' Army (MPA) have been active in various districts of Manipur and have continued the pursuit of their aim which has resulted in a catena of violent incidents across the State of Manipur. THE PEOPLE'S REVOLUTIONARY PARTY OF KANGLEIPAK (PREPAK) / THE PEOPLE'S REVOLUTIONARY PARTY OF KANGLEIPAK- PROGRESSIVE (PREPAK - PRO) AND ITS ARMED WING THE RED ARMY 57. THE PEOPLE'S REVOLUTIONARY PARTY OF KANGLEIPAK (PREPAK) is an armed insurgent group in Manipur demanding a separate and independent homeland. PREPAK was formed under the leadership of R. K. Tulachandra on 09.10.1977. The meeting was attended by R.K. Tulachandra, S. Wanglen, Achamba, Tajila, Meiraba, Meipaksana, Y. Ibohanbi and Paliba who were the founding members of PREPAK. After its formation, it launched a series of attacks and ambushes against Manipur Police and Manipur Rifles personnel during the late 1970s and early 1980s. In 1980, a small group split off from PREPAK and formed the Kangleipak Communist Party (KCP) led by its late leader Y. Ibahanbi. 58. The founding leader, RK Tulachandra, was killed in an encounter in Kabowakching on 12.11.1985. After his death, S. Wanglen became the Commander-in-Chief of the group. In the late 1980s, the group suffered its first factionalism as it split into many small groups. Some of these groups joined other insurgent groups of the state like PLA and United National Liberation Front (UNLF). The late leader of the group, Urikhingbam Sarat alias Meiraba, with the help of the UNLF and PLA, played a crucial role in reuniting the group. After unification, PREPAK, along with PLA/ RPF and UNLF, launched a social reformation campaign in the state of Manipur. The campaign was aimed at eradicating crimes against women, drug and alcohol addictions etc. In the early 2000s, the group again split into two factions one headed by its General Secretary, the other by the Vice-Chairman. Efforts were made by the UNLF, PLA/RPF, KYKL and KCP to reunite the two factions. Many cadres of both factions lost their lives in factional clashes. 59. In the year 2006/2007, both the factions of PREPAK were re-united. However, another faction led by Defence Secretary Chinglemba Mangang of the General Secretary faction split off to form the United People's Party of Kangleipak (UPPK). 60. From evidence-on-affidavit of S.W-2, Shri. Kabib K., IGP, it is discernible that even though the organisation THE PEOPLE'S REVOLUTIONARY PARTY OF KANGLEIPAK (PREPAK) was banned and such declaration has been last confirmed w.e.f. 13.11.2018 (Gazette Notification No. S.O. 5681 (E) dated 13.11.2018) for a period of five years, however, the members of the organisation THE PEOPLE'S REVOLUTIONARY PARTY OF KANGLEIPAK (PREPAK) were still active and during the aforesaid banning period i.e. 13.11.2018 to 12.11.2023 as many as 69 F.I.Rs were registered against the members of the organisation THE PEOPLE'S REVOLUTIONARY PARTY OF KANGLEIPAK (PREPAK). The details of the district wise list of registered F.I.Rs are provided in a tabular form hereunder: +-----------------+--------------+ | District | No. of FIRS | +=================+==============+ | Bishnupur | 4 | +-----------------+--------------+ | Chandel | 2 | +-----------------+--------------+ | Churachandpur | 8 | +-----------------+--------------+ | Imphal East | 11 | +-----------------+--------------+ | Imphal West | 26 | +-----------------+--------------+ | Kakching | 7 | +-----------------+--------------+ | Kanjong | 2 | +-----------------+--------------+ | Senapati | 1 | +-----------------+--------------+ | Tengnoupal | 2 | +-----------------+--------------+ | Thoubal | 4 | +-----------------+--------------+ | Ukhrul | 2 | +-----------------+--------------+ | TOTAL | 69 | +-----------------+--------------+ 61. It is seen that THE PEOPLE'S REVOLUTIONARY PARTY OF KANGLEIPAK (PREPAK) and THE PEOPLE'S REVOLUTIONARY PARTY OF KANGLEIPAK-PROGRESSIVE (PREPAK - PRO) are one and the same groups, operating with the same motive. 62. From evidence-on-affidavit of S.W-2, Shri. Kabib K., IGP, it is seen that even though the organisation THE PEOPLE'S REVOLUTIONARY PARTY OF KANGLEIPAK PROGRESSIVE (PREPAK-PRO) was banned and such declaration has been last confirmed w.e.f. 13.11.2018 (Gazette Notification No. S.O. 5681 (E) dated 13-11- 2018) for a period of five years, however, the members of the organisation THE PEOPLE'S REVOLUTIONARY PARTY OF KANGLEIPAK PROGRESSIVE (PREPAK-PRO) were still active and during the aforesaid banning period, i.e. from 13.11.2018 to 12.11.2023, as many as 106 F.I.Rs were registered against the members of the organisation THE PEOPLE'S REVOLUTIONARY PARTY OF KANGLEIPAK PROGRESSIVE (PREPAK- PRO). The details of the district wise list of registered F.I.Rs are provided in a tabular form hereunder: +-----------------+--------------+ | District | No. of FIRS | +=================+==============+ | Bishnupur | 6 | +-----------------+--------------+ | Chandel | 4 | +-----------------+--------------+ | Churachandpur | 4 | +-----------------+--------------+ | Imphal East | 47 | +-----------------+--------------+ | Imphal West | 23 | +-----------------+--------------+ | Jiribam | 1 | +-----------------+--------------+ | Kakching | 4 | +-----------------+--------------+ | Tengnoupal | 8 | +-----------------+--------------+ | Thoubal | 9 | +-----------------+--------------+ | TOTAL | 106 | +-----------------+--------------+ 63. In respect of THE PEOPLE'S REVOLUTIONARY PARTY OF KANGLEIPAK (PREPAK) and THE PEOPLE'S REVOLUTIONARY PARTY OF KANGLEIPAK-PROGRESSIVE (PREPAK - PRO), the State of Manipur adduced as many as Seven (7) witnesses i.e. S.W-1 to S.W-7. i. SW - 1 SHRI. LAISHRAM KHOGEN SINGH being the Sub-Divisional Police Officer (SDPO) Bishnupur Police Station, exhibited as many as 6 F.I.Rs being F.I.R dated 05.07.2021 (Exhibit- C-1); F.I.R dated 12.07.2021 (Exhibit- C-2); F.I.R dated 27.02.2021 (Exhibit- C-3), F.I.R dated 03.10.2022 (Exhibit- C- 4), F.I.R dated 17.06.2022 (Exhibit- C-5) and F.I.R dated 01.02.2019 (Exhibit- C-6). ii. SW - 2 SMTI. BABITARANI SWAIN, IPS being the Sub-Divisional Police Officer (SDPO) Porompat, exhibited as many as 4 F.I.Rs being FIR dated 10.03.2021 (Exhibit- C-7); F.I.R dated 27.07.2019 (Exhibit- C-8); F.I.R dated 08.03.2021 (Exhibit- C-9) and F.I.R dated 14.03.2021 (Exhibit- C-10). It is pertinent to mention that the original F.I.R dated 08.03.2021 was not produced by the State of Manipur and as such, the exhibit marked as Exhibit C-9 could not be compared with the original. iii. SW - 3 SRI L. SANTOSH SINGH, being the Sub -Divisional Police Officer (SDPO) Imphal, exhibited 1 F.I.R being, F.I.R dated 24.01.2023 Exhibit- C-11. iv. SW - 4 SHRI. K. MEGHACHANDRA SINGH, being the Superintendent of Police of Imphal East District certified the copies of the F.I.R to be True Copies of Original, in respect of the F.I.Rs lodged in Imphal East District in State of Manipur. V. SW – 5 KSH. SHIVAKANTA SINGH, IPS, being the Superintendent of Police of Imphal West District certified the copies of the F.I.R to be True Copies of Original, in respect of the F.I.Rs lodged in Imphal West District in State of Manipur. vi. SW – 6 SHRI. AMITABH SINGH ARAMBAM, being the Officer-In-charge, Bishnupur Police Station, certified the copies of the F.I.R to be True Copies of Original, in respect of the F.I.Rs lodged in Bishnupur Police Station. vii. SW - 7 SHRI. MAIMOM JITEN SINGH, being the Officer-In-charge, Nambol Police Station, certified the copies of the F.I.R to be True Copies of Original, in respect of the F.I.Rs lodged in Nambol Police Station. viii. SW - 8 NGANGOM ROMEN being the Sub-Divisional Police Officer (SDPO) Lamlai, exhibited 1 F.I.R being F.I.R dated 21.03.2020 (Exhibit- D-5). 72. Exhibit D-1 is F.I.R No. 5(01)/2019 dated 29.01.2019 of Nambol P.S was lodged by S.I L. Pummuanthang of Nambol P.S against unnamed members of KCP for the allegation of criminal intimidation. The F.I.R was registered under sections 506/511 of IPC read with section 17/20 of UA(P) Act, 1967. Exhibit D-7 is F.I.R No. 08(02)/2022 dated 03.02.2022 of Heingang P.S lodged by S.I Md. Khalilur Rahman against Mangsatabem Romesh Meitei wherein the allegation was that the accused person, being member of the unlawful association had raised funds and used explosive substances. The F.I.R was registered under sections 17/20 of UA(P) Act, 1967 read with section 25(1-C) of Arms Act, 1959 and section 5 of The Explosives Substances Act, 1908. Exhibit D-9 which is F.I.R No. 554(8)/2023 dated 18.08.2023 wherein the allegation was that of kidnapping using firearms by some unknown members of KCP. The F.I.R was registered under sections 365/120B of IPC read with section 20 of UA(P) Act, 1967 and section 25(1-B) of Arms Act, 1959. The other exhibits pertain to F.I.Rs which have been registered against the accused persons for being members of unlawful association. THE KANGLEIPAK YAOL KANBA LUP (KYKL) 73. The KANGLEIPAK YAOL KANNA LUP (KYKL) which means 'the Organisation to save the revolutionary movement in Manipur' is a terrorist group formed in January 1994 following merger of the Oken faction of the United National Liberation Front (UNLF), the Meiraba faction of People's Revolutionary Party of Kangleipak (PREPAK) and the Ibo Pishak faction of the Kangleipak Communist Party (KCP). 74. During the period 1995-1996, a large number of its lower-ranking cadres either deserted the outfit or surrendered before the security forces. Further in 1996, the outfit split into - the KYKL (O), led by Namoijam Oken and KYKL (T) led by Achou Toijamba. However, after five years of inter-group rivalry, the Oken and Toijamba factions decided to reunite sometime in mid-February 2002, with the purported objective of unity among various terrorist outfits in the region. 75. It is stated herein that the objective of the KYKL is to ‘rebuild' the Manipuri society by clearing it of all vices like immoral activities, drug trade and corruption. According to the KYKL 'Public Relations Officer' S.K. Loya, the group stands for 'nationalism' of the entire Northeastern region to be based on the principle of "all for one and one for all". Towards the end of 2001, the outfit launched 'Operation New Kangleipak' (ONK), an 'anti-corruption' campaign to 'clean up' the educational system in Manipur. While the outfit continues its activities under the ONK, it has also pledged open support to other terrorist groups who reportedly work against the narcotics trade, drug addiction, immoral activities and corruption in the society. 76. The KYKL primarily operates within State of Manipur in the four valley districts of Imphal East, Bishenpur, Thoubal and Imphal West in Manipur. KYKL funds its activities primarily through extortion that it collects jointly with the Nagaland-based National Socialist Council of Nagaland-Isak Muivah (NSCN-IM). The association has close linkages with the Nagaland-based NSCN-IM. Further, indications of a re-grouping of terrorist outfits in the region was visible towards the later part of the year 2002 with the nexus between the Zomi Revolutionary Army (ZRA), Kanglei Yayol Kanna Lup (KYKL) and the NSCN-IM. Besides, the KYKL has also developed 'working arrangements' with the Meghalaya-based Achik National Volunteer Council (ANVC). Reports have also indicated that KYKL maintains links with the Khaplang faction of the NSCN (NSCN-K) with the latter providing training and shelter to KYKL cadres at its bases in Myanmar. 77. From evidence-on-affidavit of S.W-2, Shri. Kabib K., IGP, it is seen that even though the organisation KANGLEI YAWOL KANNA LUP (KYKL) was banned and such declaration has been last confirmed w.e.f. 13.11.2018 (Gazette Notification No. S.O. 5681 (E) dated 13.11.2018) for a period of five years, however, the members of the organisation KANGLEI YAWOL KANNA LUP (KYKL) were still active and during the aforesaid banning period, i.e. from 13.11.2018 to 12.11.2023, as many as 132 FIR's were registered against the members of the organisation KANGLEI YAWOL KANNA LUP (KYKL). The details of the district wise list of registered F.I.Rs are provided in a tabular form hereunder: +-----------------+--------------+ | District | No. of FIRS | +=================+==============+ | Bishnupur | 22 | +-----------------+--------------+ | Chandel | 2 | +-----------------+--------------+ | Churachandpur | 2 | +-----------------+--------------+ | Imphal East | 32 | +-----------------+--------------+ | Imphal West | 25 | +-----------------+--------------+ | Kakching | 17 | +-----------------+--------------+ | Kanjong | 5 | +-----------------+--------------+ | Kangpokpi | 1 | +-----------------+--------------+ | Senapati | 1 | +-----------------+--------------+ | Tengnoupal | 10 | +-----------------+--------------+ | Thoubal | 15 | +-----------------+--------------+ | TOTAL | 132 | +-----------------+--------------+ 78. In respect of KANGLEI YAWOL KANNA LUP (KYKL), the State of Manipur adduced as many as Seven (7) witnesses i.e. S.W-1 to S.W-7. i. SW - 1 SHRI. LAISHRAM KHOGEN SINGH being the Sub-Divisional Police Officer (SDPO) Bishnupur Police Station, exhibited as many as 5 F.I.Rs being, FIR dated 28.09.2019 (Exhibit- E-1); F.I.R dated 16.10.2020 (Exhibit- E-2); F.I.R dated 15.10.2021 (Exhibit- E-3); F.I.R dated 10.01.2022 (Exhibit- E-4) and F.I.R dated 31.01.2023 (Exhibit- E-5). ii. SW - 2 SMTI. BABITARANI SWAIN, IPS being the Sub-Divisional Police Officer (SDPO) Porompat, exhibited as many as 2 F.I.Rs being, F.I.R dated 02.12.2018 (Exhibit- E-6) and F.I.R dated 17.08.2022 (Exhibit- E-7). iii. SW - 3 SRI L. SANTOSH SINGH, being the Sub -Divisional Police Officer (SDPO) Imphal, exhibited 1 F.I.R being, F.I.R dated 14.10.2023 (Exhibit- E-8). iv. SW - 4 SHRI. K. MEGHACHANDRA SINGH, being the Superintendent of Police of Imphal East District certified the copies of the F.I.R to be True Copies of Original, in respect of the F.I.Rs lodged in Imphal East District in State of Manipur. V. SW – 5 KSH. SHIVAKANTA SINGH, IPS, being the Superintendent of Police of Imphal West District certified the copies of the F.I.R to be True Copies of Original, in respect of the F.I.Rs lodged in Imphal West District in State of Manipur. vi. SW – 6 SHRI. AMITABH SINGH ARAMBAM, being the Officer-In-charge, Bishnupur Police Station, certified the copies of the F.I.R to be True Copies of Original, in respect of the F.I.Rs lodged in Bishnupur Police Station. vii. SW – 7 SHRI. MAIMOM JITEN SINGH, being the Officer-In-charge, Nambol Police Station, certified the copies of the F.I.R to be True Copies of Original, in respect of the F.I.Rs lodged in Nambol Police Station. 79. Exhibit E-8 is F.I.R No. 668(10) dated 14.10.2023 of Singjaimei P.S lodged by S.I K. Kritibas Singh against one Karam Satrajit Singh for raising funds for KYKL by means of arms and ammunition. The F.I.R was registered under sections 17/20 of UA(P) Act read with section 25(1A) of Arms Act. The other exhibits pertain to allegations that the accused persons named in the F.I.R are members of the unlawful association. THE COORDINATION COMMITTEE (CORCOM) 80. The COORDINATION COMMITTEE (CorCom) is a conglomerate of Seven Valley Based Insurgent Groupd - the Kangleipak Communist Party (KCP), Kanglei Yawol Kanna Lup (KYKL), People's Revolutionary Party of Kangleipak (PREPAK), its Progressive faction (PREPAK-Pro), Revolutionary People's Front (RPF, the political wing of the People's Liberation Army- PLA), United National Liberation Front (UNLF) and United Peoples Party of Kangleipak (UPPK), which was formed in July 2011. 81. The COORDINATION COMMITTEE (CorCom) consisted of seven (UPPK thrown out after its surrender to the enemy) namely KCP, KYKL, PREPAK, PREPAK (Pro), RPF, and UNLF, and was necessitated by the peoples' voice which had demanded a united struggle against Indian colonialism, which also hinges on the idea of building a united strength of all communities in Manipur and the WESEA region. After three years of its formation, various sub-committees have been formed. They are: Home Committees, Regional Affairs Committees, External Affairs Committee, Publicity Committee, Base Area Committee, Financial Affairs Committee, and Joint Fighting Force, which functions under the Joint Military Commission. 82. From evidence-on-affidavit of S.W-2, Shri. Kabib K., IGP, it is seen that even though the organisation COORDINATION COMMITTEE (CorCom) was banned and such declaration has been last confirmed w.e.f. 13.11.2018 (Gazette Notification No. S.O. 5681 (E) dated 13.11.2018) for a period of five years, however, the members of the organisation COORDINATION COMMITTEE (CorCom) were still active and during the aforesaid period i.e. from 13.11.2018 to 12.11.2023, 2 F.I.Rs were registered against the members of the organisation COORDINATION COMMITTEE (CorCom) which are provided hereunder: +-----------------+--------------+ | District | No. of FIRS | +=================+==============+ | Imphal West | 2 | +-----------------+--------------+ 83. In respect of COORDINATION COMMITTEE (CorCom), the State of Manipur adduced Two (2) Witnesses i.e. S.W-1 & S.W-2. i. SW - 1 SRI L. SANTOSH SINGH, being the Sub -Divisional Police Officer (SDPO) Imphal, exhibited as many as 2 F.I.Rs being F.I.R dated 25.01.2021 (Exhibit- F-1) and F.I.R dated 14.02.2023 (Exhibit- F- 2). ii. SW – 2 KSH. SHIVAKANTA SINGH, IPS, being the Superintendent of Police of Imphal West District certified the copies of the F.I.R to be True Copies of Original, in respect of the F.I.Rs lodged in Imphal West District in State of Manipur. 84. Exhibit F-1 is F.I.R No. 08(01)/2021 dated 25.01.2021 under sections 124A/188/189/190/341/505(1)(b)/506 of IPC read with section 20 of UA(P) Act which was registered because a General Strike was called on 26.01.2021 for boycotting the celebration of The Republic Day. Exhibit F-2 is F.I.R No. 32(2)/2020 dated 14.02.2020 of Singjamei P.S which was registered under sections 17/20 of UA(P) Act. The F.I.R was lodged by A.S.I Baljit Singh against one Daniel Leivon Lamkang wherein the allegation was that the accused person raised funds in the name of the association. THE ALLIANCE FOR SOCIALIST UNITY KANGLEIPAK (ASUK) 85. THE ALLIANCE FOR SOCIALIST UNITY KANGLEIPAK (ASUK) is an organization, which is formed by coming together of The Kangleipak Communist Party (KCP) as well as The Kanglei Yaol Kanba Lup (KYKL). Since most of the activities are being carried by either The Kangleipak Communist Party (KCP) or The Kanglei Yaol Kanba Lup (KYKL) in their respective capacities, therefore, the quantum of cases being registered against THE ALLIANCE FOR SOCIALIST UNITY KANGLEIPAK (ASUK) within the State of Manipur is far less compared to the rest of the organization under 'The Seven Valley Based Insurgent Groups'. 86. From an analysis of the materials produced before the Tribunal, it is discernible that the cases involved are offences under the Arms Act, 1959 and the UA(P) Act, 1967, apart from the offences of murder, kidnapping, extortion, waging or attempting to a wage war or abetting waging of war against the Government of India, conspiracy to wage or attempting to wage war, collection of arms with intention of waging war, sedition, criminal intimidation, as defined in the Indian Penal Code. 87. The Union of India, in its affidavit through Rajesh Kumar Singh, working as Under Secretary in the Ministry of Home Affairs, Government of India has vehemently contended that during the last five years, i.e. from 2019- 2023 and in the current year 2024, i.e. upto 29.02.2024, out of a total of 689 violent incidents in Manipur, these extremist organizations were responsible for 335 incidents, in which 09 security personnel and 21 civilians were killed. During this period, 205 arms were recovered and surrender of 95 extremists and arrest of 1179 extremists with 39 arms have also taken place from these extremist organizations. 88. After thorough introspection of the evidences adduced, it is evident that THE SEVEN VALLEY BASED ORGANISATIONS namely, (I) the Peoples' Liberation Army (PLA) and its political wing, the Revolutionary Peoples' Front (RPF), (II) the United National Liberation Front (UNLF) and its armed wing, the Manipur Peoples' Army (MPA), (III) the Peoples' Revolutionary Party of Kangleipak (PREPAK) and its armed wing, the "Red Army", (IV) the Kangleipak Communist Party (KCP) and its armed wing, also called the "Red Army", (V) the Kanglei Yaol Kanba Lup (KYKL), (VI) the Coordination Committee (CorCom) and (VII) the Alliance for Socialist Unity Kangleipak (ASUK) along with all their factions, wings and front organizations has the professed aim to establish a separate country by cessation of Manipur from the Indian Union in alliance with other armed secessionist organizations of the North-Eastern Region. The evidences on record also testify that the THE SEVEN VALLEY BASED ORGANISATIONS namely, (I) the Peoples' Liberation Army (PLA) and its political wing, the Revolutionary Peoples' Front (RPF), (II) the United National Liberation Front (UNLF) and its armed wing, the Manipur Peoples' Army (MPA), (III) the Peoples' Revolutionary Party of Kangleipak (PREPAK) and its armed wing, the “Red Army”, (IV) the Kangleipak Communist Party (KCP) and its armed wing, also called the "Red Army", (V) the Kanglei Yaol Kanba Lup (KYKL), (VI) the Coordination Committee (CorCom) and (VII) the Alliance for Socialist Unity Kangleipak (ASUK) along with all their factions, wings and front organisations continue to remain active in entire State of Manipur and are in possession of sophisticated weapons, explosives materials and ammunitions, etc. 89. From the evidence adduced, it is seen that the Valley Based Organizations are i. engaging in activities prejudicial to the sovereignty and integrity of India; ii. employing and engaging in armed means to achieve the aforesaid objectives; iii. attacking and killing the Security Forces; the Police and Civilians in Manipur; iv. indulging in acts of intimidation, extortion and looting of civilian population for collection of funds for their Organisations; V. making contacts with sources abroad for influencing public opinion and for securing their assistance by way of arms and training for the purpose of achieving their secessionist objective; and vi. maintaining camps in neighbouring countries for the purpose of safe sanctuaries, training and clandestine procurement of arms and ammunitions; 90. The Union of India and State of Manipur have suggested for continuation of these organizations' status as unlawful associations beyond 13.11.2023, that is, beyond the tenure of the previous Notification under Section 3(1) of the UA(P) Act, 1967. Upon perusal of such materials, the Tribunal concurs with the view recorded therein. 91. From the evidence on record, it is vividly discernible that there is no decline in the violent activities of the THE SEVEN VALLEY BASED ORGANISATIONS and they have continued with their secessionist activities and have been advocating extortions, killing of innocent people and thus, creating unrest in the State of Manipur. 92. The activities of the Seven Valley Based Insurgent Groups, as discussed in detail in the preceding paragraphs, certainly fall within the ambit of 'unlawful activity' defined in section 2(1)(o) of UA(P) Act, 1967. As a necessary corollary, these organizations certainly are within the yardstick of the definition of 'unlawful associations' as defined in section 2(1)(p) of UA(P) Act, 1967. In the absence of any materials against the declaration, the Tribunal, on an objective assessment of the materials placed before the Tribunal on behalf of the Central Government and the Government of Manipur in support of the declaration, has reached a conclusion that the Seven Valley Based Insurgent Groups associations during the period under consideration, have been engaging themselves in activities which are unlawful activities, which undermine the unity and integrity of the nation and the safety and security of the citizens. The Seven Valley Based Insurgent Groups have been continuously pursuing their secessionist goals and in pursuit of that goal, have incited violence causing loss of life and damage to property. Their agenda is inimical to the democratic ideals and unity and integrity of this country. 93. Hence, the Tribunal concurs with the opinion of the Central Government that if there is no immediate curb and control of the (I) the Peoples' Liberation Army (PLA) and its political wing, the Revolutionary Peoples' Front (RPF), (II) the United National Liberation Front (UNLF) and its armed wing, the Manipur Peoples' Army (MPA), (III) the Peoples' Revolutionary Party of Kangleipak (PREPAK) and its armed wing, the “Red Army”, (IV) the Kangleipak Communist Party (KCP) and its armed wing, also called the “Red Army", (V) the Kanglei Yaol Kanba Lup (KYKL), (VI) the Coordination Committee (CorCom) and (VII) the Alliance for Socialist Unity Kangleipak (ASUK); 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. 94. The Seven Valley Based Insurgent Groups have involved themselves in carrying out subversive acts in order to achieve their avowed objectives which are admittedly unlawful. These organizations are also engaged, through their front organizations and civil society organizations, in targeting non-local population, protesting against peace talks of authorities with other ethnic groups of the State, boycotting days of national importance like Independence Day, Republic Day etc. and opposing merger of the State of Manipur with Indian Union. 95. In the case of Jamaat-E-Islami Hind (supra), the Hon'ble Apex Court, had explicitly opined that the terms 'adjudication' and 'sufficient cause' as used in section 4(1) of the UA(P) Act, 1967 contemplate an inquisitorial inquiry by the Tribunal into the materials on which the Notification under section 3(1) stands issued by the Central Government, cause (if any) shown by the Association in response to the notice and other materials and evidence brought on record. 96. It necessarily entails that the procedure laid under the Act contemplates an objective determination of the question as to whether or not there is sufficient cause for declaring the concerned entities unlawful and not just a mechanical approval of the notification of the Central Government. 97. This Tribunal, after scrutiny of the materials placed before it and after complying with the principles of natural justice and to ensure a fair procedure, has come to a conclusion that the Seven Valley Based Insurgent Groups are 'unlawful associations' within the meaning of section 2(1)(p) of UA(P) Act, 1967. 98. In view of the above discussion and for the reasons assigned therein, the Tribunal has decided the reference forwarded to it under sub-section (1) of Section 4 of the UA(P) Act, 1967 vide letter bearing no. 11011/03/2023- NE.V dated 04.12.2023, with the confirmation that there is sufficient cause to declare the Seven Valley Based Insurgent Groups, viz. (I) the Peoples' Liberation Army (PLA) and its political wing, the Revolutionary Peoples' Front (RPF), (II) the United National Liberation Front (UNLF) and its armed wing, the Manipur Peoples' Army (MPA), (III) the Peoples' Revolutionary Party of Kangleipak (PREPAK) and its armed wing, the "Red Army”, (IV) the Kangleipak Communist Party (KCP) and its armed wing, also called the "Red Army", (V) the Kanglei Yaol Kanba Lup (KYKL), (VI) the Coordination Committee (CorCom) and (VII) the Alliance for Socialist Unity Kangleipak (ASUK) along with all its factions, wings and front organisations, as 'unlawful associations'. Accordingly, the declaration made in the Notification bearing no. S.O. 4899 (E) dated 13.11.2023 in exercise of the powers conferred by sub-section (1) of Section 3 of the UA(P) Act, 1967 declaring the (I) the Peoples' Liberation Army (PLA) and its political wing, the Revolutionary Peoples' Front (RPF), (II) the United National Liberation Front (UNLF) and its armed wing, the Manipur Peoples' Army (MPA), (III) the Peoples' Revolutionary Party of Kangleipak (PREPAK) and its armed wing, the "Red Army”, (IV) the Kangleipak Communist Party (KCP) and its armed wing, also called the "Red Army", (V) the Kanglei Yaol Kanba Lup (KYKL), (VI) the Coordination Committee (CorCom) and (VII) the Alliance for Socialist Unity Kangleipak (ASUK) along with all its factions, wings and front organisations, as ‘unlawful associations' for a period of 5 (Five) years with effect from 13.11.2023 is confirmed by this Tribunal under sub-section (3) of Section 4 of the UA(P) Act, 1967. 99. This Order of this Tribunal is to be published in the Official Gazette in terms of sub-section (4) of Section 4 of the UA(P) Act, 1967. JUSTICE SANJAY KUMAR MEDHI PRESIDING OFFICER UNLAWFUL ACTIVITIES [PREVENTION] TRIBUNAL IN THE MATTER OF THE SEVEN VALLEY BASED INSURGENT GROUPS Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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