Order dated 21.05.2025 of the Unlawful Activities (Prevention) Tribunal adjudicating the notification dated 25.11.2024 in the matter of United Liberation Front of Asom (ULFA)

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-26052025-263376 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 2273] NEW DELHI, MONDAY, MAY 26, 2025/JYAISTHA 5, 1947 MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 26th May, 2025 S.O. 2327(E).— In terms of Section 4(4) of the Unlawful Activities (Prevention) Act, 1967, the order dated 21.05.2025 of the Tribunal presided over by Hon'ble Mr. Justice Michael Zothankhuma, 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 United Liberation Front of Asom (ULFA) along with all their factions, wings and front organizations as unlawful associations is published for general information: [F. No. 11011/03/2024-NE. V] PIYUSH GOYAL, Addl. Secy. UNLAWFUL ACTIVITIES (PREVENTION) TRIBUNAL IN THE MATTER OF: UNITED LIBERATION FRONT OF ASOM (ULFA) BEFORE HON'BLE MR. JUSTICE MICHAEL ZOTHANKHUMA Presiding Officer For the Union of India : Mr. Subhash Chandra Keyal, Special Counsel, Union of India For the State of Assam : Mr. Dipankar Nath, Sr. Government Advocate Mr. Rishi Raj Kaushik, Mr. Pranjal Dutta, Mr. Aditya Vikram Singh, Mr. Writu Raj Medhi Advocates Mr. Prasanta Saikia, IPS, SP, SOU, Assam Mr. Pankaj Pratim Mahanta, Inspector of Police, SOU, Assam. For the Tribunal Date of Order : Sri Upam Kalita, Registrar, Unlawful Activities [Prevention] Tribunal : 21.05.2025. ORDER This is a reference under Section 4(1) of the Unlawful Activities (Prevention) Act, 1967 in respect of the Notification no. S.O. 5053(E) dated 25.11.2024 issued under Section 3(1) of the Unlawful Activities (Prevention) Act, 1967, declaring the United Liberation Front of Asom (ULFA) along with all it's factions, wings and front organizations as unlawful for 5 years w.e.f. 27.11.2024. The Government of India through the Additional Secretary, Ministry of Home Affairs, has issued a Notification dated 25.11.2024, under Section 3(1) of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967) (hereinafter referred to as the "Act”), which has been published in the Gazette of India on 25.11.2024, declaring the United Liberation Front of Asom (ULFA)along with all its factions, wings and front organisations as an unlawful association. By the said Notification dated 25.11.2024, the Government has in exercise of its power conferred by the proviso to sub-Section 3 of Section 3 of the said Act directed that the Notification shall have immediate effect from 27.11.2024 for a period of 5 (five) years, subject to any order that may be made under Section 4 of the said Act. 2. Section 4(1) of the said Act states that where any association has been declared unlawful by a Notification issued under sub-section (1) of section 3, the notification is to be referred to the Tribunal for the purpose of adjudicating whether or not there was sufficient cause for declaring the association unlawful. The other sub sections of section 4 provides that the notification should be issued to the association affected by the declaration made under Section 3(1) and after considering the cause shown by the association affected, in the manner specified under Section 9 and after calling for such further information from the Central Government or from any office-bearer or member of the association, it shall decide whether or not there is sufficient cause for declaring the association to be unlawful. Thus, this Tribunal which has been constituted under the Act had been pleased to issue notice on 28.01.2025 to ULFA along with all its factions, wings and front organisations through the Central Government as well as the State Government. 3. On the next date of proceedings of this Tribunal, i.e. on 04.03.2025, the Union of India and the State Government were represented. However, no one appeared on behalf of the ULFA along with all its factions, wings and front organisations (hereinafter referred to as “ULFA”). 4. The reports submitted by the Superintendents of Police of all the Districts of Assam were perused, wherein it was stated that notices had been pasted on the houses of the suspected ULFA members. Further loudspeakers had been used along with drum and contents of the Notice and the Gazette Notification had been announced in prominent and busy areas in various districts of Assam. Notices had also apparently been affixed in the offices of the Deputy Commissioner, Superintendent of Police, Sub Divisional Offices and Police Stations in the State of Assam. Further, the Directorate of Information and Public Relations had aired the Notice along with the Gazette Notification in the "All India Radio" at 6:45 p.m. on 03.02.2025 and the same had also been broadcasted at "ND 24" (electronic media) at 8 p.m. on 03.02.2025. Notice along with the Gazette notification had also been published in "the Hindu" (national newspaper) and "Asomiya Pratidin" (local vernacular newspaper) on 01.02.2025. As the notices has been served in different districts of Assam between 30.01.2025 to 06.02.2025, this Tribunal adjourned the matter to be taken up on another date, to enable the respondents/affected organization (ULFA) and its members to appear before this Tribunal. 5. The Union of India and the State Government were represented on the subsequent date fixed by the Tribunal. However, ULFA failed to appear before this Tribunal on the date fixed by the Tribunal, though notice was deemed to be served on them. The parties were directed to submit their evidence of examination-in-chief in the form of affidavits, vide order dated 18.03.2025. 6. The evidence on behalf of the Union of India was submitted by Sri Rajib Kumar, who is the Under Secretary to the Government of India, Ministry of Home Affairs, North Block, New Delhi, who is Central Witness-1, i.e. CW-1 in short. 7. The evidence of the State Government was submitted by Sri Dithaka Nanda Hazarika, Additional Secretary to the Govt. of Assam, Home & Political Department and 18 Superintendents/Deputy Commissioner of Police of 18 Districts in the State of Assam. The Additional Secretary to the Govt. of Assam, Home & Political Department was State Witness-1 (SW-1), while all the other 18 Superintendents/Deputy Commissioner of Police of the various Districts of Assam were recorded as SW-2 to SW-19. 8. No one appeared on behalf of ULFA to cross-examine the evidence adduced by the Central Government and the State Government witnesses. Hearings were held on 14.05.2025 and 16.05.2025, ex parte the ULFA. 9. The learned counsel appearing for the Central Government submits that the ULFA was formed on 7th April, 1979 with the objective of ‘Liberation of Assam' from the Indian Union through an armed struggle and it has been indulging in unlawful activities, including abduction, attacks, explosions, extortion and killings, since its formation. 10. He submits that the ULFA led by Paresh Baruah (s/s Chairman and C-in-C) demands 'sovereign' Assam and aims to achieve this goal through an armed struggle. Currently, most of ULFA cadres or leaders remain stationed in Myanmar and run four major camps there. ULFA also maintains links with other Indian Insurgent Groups for operational and logistic purposes. The ULFA has a sizeable cadre strength (200- 250) and is likely to hold about 200 weapons at present. The outfit indulges in acts of violence including attacks on security forces, explosions etc. It also continues to boycott celebrations of National Days in the State of Assam and attempts to carry out disruptive acts by way of explosions during these days. 11. He further submits that the Assam Government has also reported that during the aforesaid period, fifty-six cadres of ULFA along with one hundred seventy-seven frontmen or over ground workers (OGW) or supporters or sympathizers were also arrested, while sixty-three cadres surrendered before the authorities. It has also been reported that twenty-seven (MQ 81-04, AK series-02, Pistol- 21) arms, five hundred fifteen rounds' ammunitions, nine Grenades and two IEDs were recovered during the said period. 12. The learned counsel appearing for the Central Government further submits that the State Government of Assam, while furnishing its justifications to the Central Government, for declaring ULFA as an unlawful organization, has given details of activities of the outfit including those of cases registered, charge-sheets filed, arrests of ULFA cadres, arrests of linkmen/frontmen of ULFA etc. 13. The counsel for the Central Government submits that the particulars of 15 registered cases that had been registered against the ULFA, in which three charge- sheets have been filed had also been brought for consideration of the Central Government. A perusal of the charge-sheets also showed that the ULFA had been indulging in extortion, attempt to murder cases, possession of unauthorized arms, conspiring against the State and other illegal activities. 14. The Central Government thereafter also took note of the fact that during the period from 27.11.2019 to 01.07.2024, the following instances had taken place involving ULFA:- i. killing of three hardcore cadres in Police or Security Force action; ii. registration of fifteen cases against its cadres with three charge sheets filed and three cadres prosecuted; iii. involvement in twenty-seven other criminal activities, iv. arrest of fifty-six cadres and surrender by sixty three cadres; v. recovery of twenty seven arms, five hundred fifteen round ammunitions, nine Grenades and two improvised explosive devices. 15. In view of the foregoing reasons, the Central Government concluded that ULFA along with all their factions, wings and front organization should be declared as unlawful association under the Unlawful Activities (Prevention) Act, 1967, for a further period of five years with effect from 27.11.2024 due to the fact that ULFA had:- i. declared it's objective to secede the State of Assam from India; ii. continued intimidation and extortion of funds for their organization; iii. maintained links with other insurgent groups for extortion and violence; iv. possessed illegal arms and ammunitions; v. indulged in 16 criminal acts/incidents, including several cases of explosions or planting of explosives in Assam during the period from 27.11.2019 to 1st July, 2024; vi. planted several improvised explosive device or explosives in the run up to Independence day, 2024 across Assam. 16. The learned counsel for the Central Government thus prays that the reference that had been sent to this Tribunal should confirm the declaration made by the Central Government, that ULFA along with all its factions, wings and front organisations was an unlawful organisation. 17. Mr. D. Nath, learned counsel for the State Government submits that ULFA was formed on 07.04.1979 with the objective of liberating Assam from the Indian Union, through an armed struggle. It has indulged in unlawful activities, including abduction, attacks, explosions, extortion and killings, since its formation. He also submits that ULFA has a sizeable cadre strength of around 200/250 and is likely to be holding about 200 weapons at present. The offences committed by ULFA involve acts of violence and ULFA continues to boycott celebration of National Days. They also attempt to carry out demonstrative acts, such as explosions, during National Days. He submits that the ULFA was initially declared as an unlawful organisation under the Act in November, 1990 and this declaration has been continuously extended till date. The ULFA cadres and their leaders are stationed in Myanmar and run four major camps from there. 18. Mr. D. Nath further submits that during the period from 27.11.2019 to 01.07.2024, ULFA has been involved in 16 incidents of violence in which two civilians have been killed. Three hardcore ULFA cadres have been killed and cases were registered against them. During the aforesaid period, 56 cadres of ULFA along with 177 front men/link men/supporters/sympathizer have also been arrested, while 63 ULFA cadres had surrendered before the authorities. Weapons and planted explosive/IEDs have also been recovered. Thus the declaration of ULFA by Central Government, as an unlawful organisation, was justified. 19. I have heard the learned counsels for the Union of India and the State of Assam. 20. As can be seen from the submissions made by the learned counsels for the parties and the evidence that has been adduced, ULFA was founded on 07.04.1979, with the objective of Liberating Assam from the Indian Union, by resorting to an armed struggle. The declaration of ULFA as an unlawful organisation has been made from time to time and the present reference is with regard to the latest declaration made by the Central Government, vide notification dated 25.11.2024, w.e.f. 27.11.2024, for acts committed by ULFA with all its factions, wings and front organisations between the period from 27.11.2019 to 01.07.2024. 21. The declaration of ULFA as an unlawful organisation has been made by the Central Government in exercise of the powers conferred by the proviso to Sub-Section (1) of Section 3 of the said Act, based upon the information provided by the State Government. This Tribunal has gone through the evidence of 20 witnesses. The said witnesses comprise of:- 1. State Witness (SW-1) :- Shri Dithaka Nanda Hazarika, ACS, Addl. Secretary to the Government of Assam, Home and Political Department; 2. SW-2 :- Shri Ujjal Pratim Baruah, APS, SP, Baksa; 3. SW-3 :- Shri Mohan Lal Meena, IPS, SP, Bongaigaon; 4. SW-4 :- Shri Surjeet Singh, APS, SP, Charaideo; 5. SW-5 :- Shri V.V. Rakesh Reddy P, IPS, SP, Dibrugarh; 6. SW-6 :- Shri Rajen Singh, IPS, SP, Golaghat; 7. SW-7 :- Dr. Debajit Nath, APS, Deputy Commissioner of Police (Crime), Police Commissionerate, Guwahati; 8. SW-8 :- Shri Shwetank Mishra, IPS, SP, Jorhat; 9. SW-9 :- Shri Ranjan Bhuyan, IPS, SP, Kamrup; 10. SW-10 :- Shri Mihirjit Gayan, IPS, SP, Lakhimpur; 11. SW-11 :- Shri Swapneel Deka, IPS, SP, Nagaon; 12. SW-12 :- Smt. Supriya Das, IPS, SP, Nalbari; 13. SW-13 :- Shri Jagadish Das, IPS, SP, Sadiya; 14. SW-14 :- Shri Barun Purkayastha, IPS, SP, Sonitpur; 15. SW-15 :- Shri Subhrajyoti Bora, IPS, SP, Sivasagar; 16. SW-16 :- Shri Diganta Kumar Choudhury, APS, SP, Tamulpur; 17. SW-17 :- Shri Gurav Abhijit Dilip Das, IPS, SP, Tinsukia; 18. SW-18 :- Shri Prakash Agarwal, APS, SP, Darrang; 19. SW-19 :- Shri Mayank Kumar, IPS, SP, Dima Hasao; 20. CW-1 :- The witness for the Union Government is Rajiv Kumar, Under Secretary to the Government of India, Ministry of Home Affairs, North Block, New Delhi, who has been marked as Central Witness (CW)-1. 22. The evidence of CW-1 is to the effect that during the period from 27.11.2019 to 01.07.2024, ULFA was involved in 16 incidents of violence in which three hardcore of ULFA cadres also killed in Police /Security Force action. Further, during this period, 15 cases were registered against ULFA and three charge sheets were filed, where three cadres of ULFA were being prosecuted. 23. The names of the hardcore of ULFA cadres, who were killed in Police/Security Force Action and the cases that were registered in relation to them are as follows:- “A. One ULFA(I) cadre namely, SS Maj Dwipen Saud @ Ramen Nath @ Ramen Chaoyang @ Jishnu Axom, i/s of western command of ULFA(I), Manikpur PS Case No. 186/2021 u/s 16/27/18/19/20 UA(P) Act r/w 4 of ES Act, 25(i)(a) Act, Case No. 114(A) dated 18.07.2023 " “B. One ULFA(I) cadre namely, Santosh Gogoi @ Gayan Asom, Kakopathar PS Case No. 31/2022u/s 121/121(a0/122/123/353/307/34 IPC r/w Section 25(1- a) Arms Act, Sec 4/5 ES Act and Section 16/20 UA(P) Act." “C. One ULFA(I) cadre namely, Uttam Lahon @ Uday Asom @ Udhab (approx. 33 years) (s/s 2nd Lieutenant), Margherita PS Case No. 42/2023 u/s 384/307 IPC, r/w Section 25(1)(a)(b)/27Arms Act, r/w Sec. 10/13/17 UA(P) Act and Sec. 4(b) ES Act." 24. The 15 cases that were registered against ULFA during the period from 27.11.2019 to 01.07.2024, which had been brought to the notice of the Central Government by the State Government and the consideration of which led to the declaration by the Central Government that ULFA was an unlawful organization, are as follows:- “A. Dibrugarh PS case No. 152/2020 u/s 121(b)/121(a0/307/427 IPC r/w Section 3 of ES Act, and Sec. 10/13 UA(P) Act. B. Sonari PS case no. 16/2020 u/s 120(b)/121(a) IPC r/w Sec. 10/13 UA (P) Act, Sec. 3 of ES Act. C. Dibrugarh PS Case No. 151/2020 u/s 121(b)/121(a)/307/427 IPC r/w Sec. 3 of ES Act, and Sec. 10/13 UA(P) Act. D. Duliajan PS No. 49/2020 u/s 120(b)/121/121(a)/307 IPC r/w Sec. 3 of ES Act, and Sec. 10/13 UA(P)Act. E. Manikpur PS Case No. 186/2021 u/s 16/27/18/19/20 UA (P) Act r/w 4 of ES Act, 25(i) (a) Act, Case No. 114(A) dated 18.7.2023. F. Digboi PS case No. 136/2021 u/s 120(b) /121/121(a)/122/326/307/34 IPC r/w Sec.3 of ES Act. G. Kakopathar PS case No. 31/2022 u/s 121/121(a0/122/123/353/307/34 IPC r/e Section 25(1-a) Arms Act, Sec, 4/5 ES Act and Section 16/20 UA(P) Act. Η. Khowang PS case No. 40/2023 u/s 120 (b)/121/121(a)/122/387 IPC r/w Sec. 10/13/17/18 of the UA(P) Act & Khowng PS No. 41/2023 u/s 224/332/307 IPC r/w Sec. 4/5 ES Act, and Section 10/17 UA(P) Act. I. Digboi PS Case No. 226/2022 u/s 120(b)/121(a)/121/122 IPC r/w Sec. 25(1-a)Act. J. Pengeree PS Case No. 48/2022 u/s 120(b)/121/IPC r/w Sec. 10/13 UA(P) Act. Κ. Margherita PS Case No. 42/2023 u/s 384/307 IPC, r/w Sec. 25(1)(a) (b)/27 Arms Act, r/w Sec. 10/13/17 UA(P) Act and Sec. 4(b) ES Act. L. Kakopathar PS case No. 80/2023 u/s 120(b)/307 IPC, r/w Sec. 3 of Explosive Act, M. Sivasagar PS case No. 190/2023 u/s 120(b)/121/121(a0/123 IPC, r/w Sec. 10/13/18 of UA(P) Act, r/w Sec. 3 of EX act. N. Jorhat PS case No. 555/2023 u/s 120(b)/121(a)/307 IPC, r/w Sec. 10/13 of UA(P) Act, r/w Sec. 3 of EX Act, r/w Sec. 4 of PDPP Act, 1984. Ο. Margherita PS Case No. 38/2024 u/s 326/307/427 IPC r/w Sec. 25(1-A) Arms Act." 25. The charge sheets that were submitted in respect to the three cases are as follows:- “1. CS No. 116/2023 dated 27.4.2023 in Dibrugarh PS case No. 152/2020 u/s 121(b)/121(a0/307/427 IPC r/w Section 3 of ES Act, and Sec. 10/13 UA(P) Act. 2. 3. CS No. 114 (A) dated 18.7.2023 in Manikpur PS Case No. 186/2021 u/s 16/27/18/19/20 UA (P) Act r/w 4 of ES Act, 25(i) (a) Act, Case No. 114(A) dated 18.7.2023. CS No. 83/2021 dated 30.05.2021 in Digboi PS Case No. 136/2021 u/s 120(b)/121/121(a)/122/326/307/34 IPC r/w Sec. 3 of ES Act." 26. The evidence of State Witness (SW)-1, i.e., Shri Dithaka Nanda Hazarika, Addl. Secretary to the Govt. of Assam, Home and Political Department, Dispur is to the effect that the ULFA was declared an Unlawful Association vide Govt. of India Notification No. So 915(E) dated 27.11.1990, for a period of 2 years for their unlawful terrorist activities. Since its formation ULFA has been carrying out various unlawful and violent activities throughout the State with a view to disrupt the sovereignty and integrity of India. SW-1 also stated that he had perused the reports of the Special Branch, Head Quarters, Assam Police, regarding the investigation of cases registered under the Act against ULFA and that it appeared that they were waging war against the State by means of killings, kidnappings, extortions and threats being given to innocent citizens. Due to such criminal activities two hundred and sixteen (216) cases have been registered against the ULFA cadres in sixty nine (69) Police Stations of eighteen (18) districts between 27-11-2019 to 01-07-2024. Further, fourteen (14) cases have also been registered subsequent to 01.07.2024 and within 26.11.2024 under the Act in twelve (12) Police stations, located in 5 (five) districts of Assam. 27. The evidence of State Witness (SW)-2 to 19 and the cases registered within the jurisdiction of SW-2 to 19 are being shown in the subsequent paragraphs. The evidence of Mr. Ujjal Pratim Baruah, APS, Superintendent of Police, Baksa who is State Witness No.2 (SW-2), Mr. Mohan Lal Meena, IPS, Superintendent of Police, Bongaigaon who is State Witness No.3, Mr. Surjeet Singh Panesar, APS, Superintendent of Police, Charaideo, who is State Witness No.4 and Mr. V.V. Rakesh Reddy P., IPS, Superintendent of Police, Dibrugarh, who is State Witness No.5 - SW No.6 - Shri Rajen Singh, IPS, SP, Golaghat; SW No.7 – Dr. Debajit Nath, APS, Deputy Commissioner of Police (Crime), Police Commissionerate, Guwahati; SW No.8 - Shri Shwetank Mishra, IPS, SP, Jorhat; SW No.9 - Shri Ranjan Bhuyan, IPS, SP, Kamrup; SW No.10 - Shri Mihirjit Gayan, IPS, SP, Lakhimpur; SW No.11 - Shri Swapneel Deka, IPS, SP, Nagaon; SW No.12 -Smt. Supriya Das, IPS, SP, Nalbari; SW No.13 –Shri Jagadish Das, IPS, SP, Sadiya; SW No.14 - Shri Barun Purkayastha, IPS, SP, Sonitpur; SW No.15 - Shri Subhrajyoti Bora, IPS, SP, Sivasagar; SW No.16 Shri Diganta Kumar Choudhury, APS, SP, Tamulpur; SW No.17 - Shri Gurav Abhijit Dilip Das, IPS, SP, Tinsukia; SW No.18 - Shri Prakash Agarwal, APS, SP, Darrang; SW No.19 - Shri Mayank Kumar, IPS, SP, Dima Hasao; are all to the effect that the members of the ULFA are waging war against the State, by killing/ kidnapping/threatening innocent citizens, extortion and also targeting security forces, to destabilize law and order in the State. 28. The evidence of SW-2, who is Sri Ujjal Pratim Baruah, APS, SP, Baksa is to the effect that three (3) cases have been registered against the ULFA cadres in Gobardhana, Simla and Barbari Police Stations between 27-11-2019 to 01-07-2024 and quite a number of ULFA cadres were arrested from time to time. The 3 cases are as follows : Dist- Baksa +-----+-------------------------------------------+---------------------------------------------+--------+---------------------+----------------+ | SL. | Case Reference | Nature of Offence | Arrest | Present Status | Exhibit Number | | No. | | | | | | +=====+===========================================+=============================================+========+=====================+================+ | 1. | Barbari PS Case No. | Post on Social | 1 | Under investigation | Exhibit - 12(1)| | | 13/2022 U/S 121/124A | Media (Facebook) | | | | | | IPC, R/W Sec 66(F) IT | supported aim and | | | | | | Act, R/W Sec 10/13 | objective of ULFA | | | | | | UA(P) Act | | | | | +-----+-------------------------------------------+---------------------------------------------+--------+---------------------+----------------+ | 2. | Gobardhana PS Case | Post on Social | Nil | Under investigation | Exhibit - 12(2)| | | No. 44/2022 U/S | Media (Facebook) | | | | +-----+-------------------------------------------+---------------------------------------------+--------+---------------------+----------------+ | 3. | Simla PS Case No. | Post on Social | Nil | Under investigation | Exhibit - 12 | | | 19/2022 U/S 121/124A | Media (Facebook) | | | (3) | | | IPC, R/W Sec 66(F) IT | supported aim and | | | | | | Act, 2000, R/W Sec | objective of ULFA | | | | | | 10/13 UA(P) Act, 1967 | | | | | +-----+-------------------------------------------+---------------------------------------------+--------+---------------------+----------------+ 29. The evidence of SW-3, Sri Mohan Lal Meena, IPS, Superintendent of Police, Bongaigaon is to the effect that one (01) case has been registered against the ULFA cadres in Manikpur Police Station of Bongaigaon district during the period from 27th November, 2019 to 1st July, 2024 and a number of suspected ULFA Linkman/frontman have been arrested. The details of the police case is as follows : District: Bongaigaon +-----+---------------------------------------------+-------------------+--------+---------------------+-------------------+ | SL | Case Reference | Nature of Offence | Arrest | Present Status | Exhibit Number | | No. | | | | | | +=====+=============================================+===================+========+=====================+===================+ | 1 | Manikpur P.S. C/No. | Fire exchange | 3 | CS submitted U/s- | Exhibit-13 | | | 186/2021 U/S | between ULFA | | 120(B)/121/121A/122/| Final CS submitted| | | 16/17/18/19/20 | cadre and Police | | 353/307/384/387 IPC | by Dr. Prodip | | | UA(P) Act, R/W Sec | personnel. One | | R/W U/S- 25(1)/27 of| Saikia. APS | | | 4 of ES Act, R/W Sec | ULFA cadre died. | | Arms act R/W U/S-4 of| Addl.SP (HQ). | | | 25 (1)a/27 Arms Act, | Arms Recovered. | | ES Act. | Barpeta on | | | added Sec | | | | 18/07/2023 | | | 120(B)/121/121- | | | | | | | A/122/353/307/384/3 | | | | | | | 87 IPC, R/W Sec | | | | | | | 10/13 UA(P) Act | | | | | +-----+---------------------------------------------+-------------------+--------+---------------------+-------------------+ 30. The evidence of SW-4, Sri Surjeet Singh Panesar, APS, Superintendent of Police, Charaideo is to the effect that, twenty seven (27) cases have been registered against the ULFA cadres in eight different Police Station of Charaideo district during the period from 27th November, 2019 to 1st July, 2024 and a number of suspected ULFA Linkman have been arrested. The cases are as follows :- Dist- Charaideo +-------+--------------------------------------------+-------------------+--------+---------------------+----------------+ | SL No.| Case Reference | Nature of Offence | Arrest | Present Status | Exhibit Number | +=======+============================================+===================+========+=====================+================+ | 1. | Namtola PS C/No 70/2022, U/S | Recovery of | 3 | Under investigation | Exhibit- 5(1) | | | 120(b)/121/121(A) IPC, R/W | Explosive | | | | | | Sec 4/5 ES Act, R/W Sec | | | | | | | 10/13/17/18 UA(P) Act | | | | | +-------+--------------------------------------------+-------------------+--------+---------------------+----------------+ | 2. | Sonari PS Case No- 16/2020, | Bomb Blast | 9 | Under investigation | Exhibit-5(2) | | | U/S- 120B/121/121A IPC, R/W | and Recovery | | | | | | Sec. 3 ES Act & R/W Sec. 10/13 | of Arms | | | | | | UA(P) Act, 1967 | | | | | +-------+--------------------------------------------+-------------------+--------+---------------------+----------------+ | 3. | Sapekhati PS Case No. 37/20 | Recovery of | 6 | Charge sheeted U/s | Exhibit-5(3) | | | U/S 120(B)/121/121 (A) / | Arms and | | 120(B)/121/121(A)/ | | | | 122/123/124A/ 212/IPC,, R/W | Explosive | | 122/123/124A/ 212 | | | | Sec. 25 (1-A) Arms Act, R/W | | | IPC R/w Sec 25 (1-A)| | | | Sec. 5 ES Act,, R/W Sec. 10/13 | | | Arms Act, 1959, R/W-| | | | UA(P) Act. | | | Sec. 5 E.S. Act& | | | | | | | 10/13 UA(P) Act. | | +-------+--------------------------------------------+-------------------+--------+---------------------+----------------+ | 4. | Mathurapur PS C/No- 09/2024 | Extortion and | 4 | Under investigation | Exhibit-5(4) | | | U/S- 121/121(A)/122/387 IPC, | Recovery of | | | | | | R/W Sec. 25(1-A) Arms Act & | weapon | | | | | | R/W Sec. 10/13 UA (P) Act | | | | | +-------+--------------------------------------------+-------------------+--------+---------------------+----------------+ | 5. | Sapekhati PS case no. 06/20 U/S | Arrested | 4 | Under investigation | Exhibit-5(5) | | | 120 (B)/121/121(A) IPC R/W | hardcore | | | | | | SEC 25 (1-B) ARMS ACT | ULFA and | | | | | | R/W SEC 10/13 UA(P) ACT | Recovery of | | | | | | | Arms | | | | +-------+--------------------------------------------+-------------------+--------+---------------------+----------------+ | 6. | Charaipung PS C/No- 03/2021, | Extortion | 0 | Charge sheet | Exhibit-5(6) | | | U/S-120(B)/386 IPC, R/W Sec. | Demand | | submitted vide C/S | | | | 10/13/16/17/ | | | No. 03/2021 | | | | 18/18(B)/20/21 | | | | | | | U.A. (P) Act. | | | | | +-------+--------------------------------------------+-------------------+--------+---------------------+----------------+ | 7. | Sapekhati PS case No. 29/2023 | Extortion | 3 | Under investigation | Exhibit-5(7) | | | U/S 120B/121/121A/384 IPC | Demand | | | | | | R/W sec 10/13 UA(P) Act, 1967 | | | | | +-------+--------------------------------------------+-------------------+--------+---------------------+----------------+ | 8. | Moranhat PS C/ No- 33/2023, | Extortion | Nil | Under investigation | Exhibit-5(8) | | | U/S 120(B)/121/121(A)/122 | Demand | | | | | | IPC, R/W Sec. 10/13UA(P) Act. | | | | | +-------+--------------------------------------------+-------------------+--------+---------------------+----------------+ | 9. | Sapekhati PS case no. 11/2024, | Extortion | 3 | Under investigation | Exhibit-5(9) | | | U/S.121/121A/387 | Demand | | | | | | IPC, | | | | | | | R/WSec.10/13/39/40 | | | | | | | UA(P) | | | | | | | Act, 1967 | | | | | +-------+--------------------------------------------+-------------------+--------+---------------------+----------------+ | 10. | Sonari PS Case No- 07/2024, | Recruitment | 2 | Under investigation | Exhibit-5(10) | | | U/S- 120B/121/121A/123 IPC, | | | | | | | R/W Sec. 10/13 UA(P) Act, | | | | | | | 1967 | | | | | +-------+--------------------------------------------+-------------------+--------+---------------------+----------------+ | 11. | Namtola PS C/No- 72/2022, U/S | Extortion | 4 | Under investigation | Exhibit-5(11) | | | 120(B)/121/121(A) /387 34 IPC, | Demand | | | | | | R/W Sec 10/13 UA(P) Act | | | | | +-------+--------------------------------------------+-------------------+--------+---------------------+----------------+ | 12. | Sonari PS Case No- 184/2020, | Extortion | 0 | FR | Exhibit- | | | U/S- 120(B)/121/121A/385/387 | Demand | | | 5(12) | | | IPC, R/W Sec. 10/13 UA(P) Act | | | | | | | & R/W Sec 66(D) IT Act, 2000 | | | | | +-------+--------------------------------------------+-------------------+--------+---------------------+----------------+ | 13. | Sonari PS Case No- 220/2020, | Raising and | 7 | Under investigation | Exhibit-5(13) | | | U/S- 120(B)/121/121A/122/ | providing | | | | | | 183/387 IPC, R/W Sec. | Fund for | | | | | | 10/13/16/17/18/18A/18B/20 | ULFA | | | | | | UA(P) Act, 1967 | | | | | +-------+--------------------------------------------+-------------------+--------+---------------------+----------------+ | 14. | Sonari PS Case No- 06/2021, | Recruitment | 3 | Under investigation | Exhibit-5(14) | | | U/S- 121/121A IPC, R/W Sec. | | | | | | | 10/13/18/18B UA(P) Act, 1967 | | | | | | | & R/W Sec. 66D IT Act, 2000 | | | | | +-------+--------------------------------------------+-------------------+--------+---------------------+----------------+ | 15. | Sonari PS Case No. 203/2021, | Apprehended | 7 | Under investigation | Exhibit-5(15) | | | U/S- 120B/121/121A IPC, R/W | person going | | | | | | Sec. 10/13/18B UA(P) Act, 1967 | to join ULFA | | | | +-------+--------------------------------------------+-------------------+--------+---------------------+----------------+ | 16. | Sonari PS Case No. 206/2021, | Recruitment | 1 | Charge Sheeted vide | Exhibit-5(16) | | | U/S- 120 B/121/121 A IPC, R/W | | | C/S No. 106/2023 and| | | | Sec. 10/13/18 B UA(P) Act. | | | is under trail. | | +-------+--------------------------------------------+-------------------+--------+---------------------+----------------+ | 17. | Sonari PS Case No- 58/2022, | Recruitment | 7 | Under investigation | Exhibit-5(17) | | | U/S-120B/121/121A IPC, R/W | | | | | | | Sec. 10/13/18/18A/18B/19 | | | | | | | UA(P) Act, 1967 | | | | | +-------+--------------------------------------------+-------------------+--------+---------------------+----------------+ | 18. | Sonari PS Case No- 106/2022, | Extortion | 1 | Under investigation | Exhibit-5(18) | | | U/S- 120B/121/121A/387 IPC, | Demand | | | | +-------+--------------------------------------------+-------------------+--------+---------------------+----------------+ | 19. | R/W Sec. 10/13 UA(P) Act, | Posting | 1 | Under investigation | Exhibit-5(19) | | | 1967 Moranhat PS C/ No- 36/2022, | supporting | | | | | | U/S 120(B)/121/121(A) IPC, | post in | | | | | | R/W Sec. 10/13/18 (B) UA(P) | Facebook | | | | | | Act. & R/W Sec. 67 of IT Act. | | | | | +-------+--------------------------------------------+-------------------+--------+---------------------+----------------+ | 20. | Mathurapur PS C/No- 20/2022, | Extortion | 1 | Under investigation | Exhibit-5(20) | | | U/S- 387 IPC, R/W Sec. 10/13 | | | | | | | U.A.(P) Act, R/W Sec. 66 A I.T. | | | | | | | Act | | | | | +-------+--------------------------------------------+-------------------+--------+---------------------+----------------+ | 21. | Mathurapur PS C/No- 37/2022, | Raising fund | 1 | Under investigation | Exhibit-5(21) | | | U/S- 120 (B)/121/121a/387 IPC, | and linkman | | | | | | R/W Sec. 10/13/17/18/21 U.A. | | | | | | | (P) Act. | | | | | +-------+--------------------------------------------+-------------------+--------+---------------------+----------------+ | 22. | Namtola PS C/No 25/2022, U/S | Recruitment | 2 | Under investigation | Exhibit-5(22) | | | 120(B)/121/121(A) IPC, R/W | | | | | | | Sec 10/13/18-B UA (P) Act | | | | | +-------+--------------------------------------------+-------------------+--------+---------------------+----------------+ | 23. | Namtola PS C/No 28/2022, U/S | Recruitment | 1 | Charge sheeted Vide | Exhibit-5(23) | | | 120(B)/121/121(A) IPC, R/W | | | C/S No. 44/2022 and | | | | Sec 10/13/18B UA(P) Act | | | under trial. | | +-------+--------------------------------------------+-------------------+--------+---------------------+----------------+ | 24. | Namtola PS C/No 36/2022, U/S- | Recruitment | 1 | Charge sheeted vide | Exhibit-5(24) | | | 120(B)/121/121(a) 10/13/18(b) | | | C/S No. 45/2022 and | | | | UA(P) Act. | | | is under trial. | | +-------+--------------------------------------------+-------------------+--------+---------------------+----------------+ | 25. | Sapekhati P.S Case No. 26/2022 | Front man of | 1 | Under investigation | Exhibit-5(25) | | | U/S 13 UA(P) Act, 1967 | ULFA | | | | +-------+--------------------------------------------+-------------------+--------+---------------------+----------------+ | 26. | Borhat PS C/No- 28/23 U/S- | Extortion | 1 | Under investigation | Exhibit-5(26) | | | 120(B)/121/121 (A)/387 IPC | | | | | | | R/W Sec. 10/13/39/40 UA(P) | | | | | | | Act | | | | | +-------+--------------------------------------------+-------------------+--------+---------------------+----------------+ | 27. | Sonari PS Case No- 87/2023, | Front man | 5 | Charge sheet | Exhibit-5(27) | | | U/S-120B/121/121A/387 IPC, | arrested | | submitted | | | | R/W Sec. 10/13/17/18 UA (P) | | | | | | | Act. | | | | | +-------+--------------------------------------------+-------------------+--------+---------------------+----------------+ 31. The evidence of SW-5, Sri V.V. Rakesh Reddy P., IPS, Superintendent of Police, Dibrugarh is to the effect that, fifty four (54) cases have been registered against the ULFA cadres in twelve different Police Station of Dibrugarh district during the period from 27th November, 2019 to 1st July, 2024 and a number of suspected ULFA cadres/Linkman have been arrested. However, the particulars of only 7 cases have been given, which are as follows:- Dist- Dibrugarh +-------+--------------------------------------------+----------------------+--------+----------------+----------------+ | SL No.| Case Reference | Nature of Offence | Arrest | Present Status | Exhibit Number | +=======+============================================+----------------------+--------+----------------+----------------+ | 1. | Namrup PS C/No. 159/19 | Criminal Conspiracy | 4 | Charge- Sheeted| Exhibit- 6(1) | | | U/S 120 | of ULFA Cadres | | | | | | (8)/121/122/384/387 IPC | | | | | | | R/W Sec 25 (1) (A) of | | | | | | | Arms Act, R/W Sec. | | | | | | | 10/13 UA (P) Act. | | | | | +-------+--------------------------------------------+----------------------+--------+----------------+----------------+ | 2. | Dibrugarh PS C/No. | Bomb Blast Case | Nil | FR. | Exhibit- 6 (2) | | | 151/20 U/S | | | | | | | 120(8)/121(A)/307/427 | | | | | | | IPC R/W Sec. 10/13 | | | | | | | UA(P) Act R/W Sec. 3 of | | | | | | | E.S Act | | | | | +-------+--------------------------------------------+----------------------+--------+----------------+----------------+ | 3. | Dibrugarh PS C/No. | Bomb Blast Case | 3 | Charge- Sheeted| Exhibit- 6 (3) | | | 152/20 U'S 120(B)/ | | | | | | | 121(A)/307/427 IPC R/W | | | | | | | Sec. 10/13 UA(P) Act | | | | | | | R/W Sec. 3 of E.S Act | | | | | +-------+--------------------------------------------+----------------------+--------+----------------+----------------+ | 4. | Joypur P.S. Case No. | Involvement of arrest| 1 | Charge- Sheeted| Exhibit- 6(4) | | | 25/20 U/S | cadre of ULFA in | | | | | | 120(8)/121/122 IPC, | various sponsorship | | | | | | R/W Sec 10/13 UA(P) | | | | | | | Act R/W Sec 25(1)(A) | | | | | | | Arms Act | | | | | +-------+--------------------------------------------+----------------------+--------+----------------+----------------+ | 5. | Dibrugarh PS C/No | Extortion | 1 | Under investigation| Exhibit- 6 (5) | | | 407/23 U/S | | | | | | | 120B/121A/122 IPC, | | | | | | | R/W Sec. 10/11/17/18 of | | | | | | | UA(P) Act | | | | | +-------+--------------------------------------------+----------------------+--------+----------------+----------------+ | 6. | Khowang PS C/No 40/23 | Fund raising and | 1 | Under investigation| Exhibit- 6 (6) | | | U/S 120-8/121/121- | news with ULFA | | | | | | A/122/387 IPC, R/W Sec | | | | | | | 10/13/17/18 UA(P) Act | | | | | +-------+--------------------------------------------+----------------------+--------+----------------+----------------+ | 7. | Khowang PS C/No 41/23 | Extortion and | 1 | Under investigation| Exhibit- 6(7) | | | U/S 224/332/307 IPC and | recovery of bottle | | | | | | R/W Sec-4&5 Explosive | grenade | | | | | | Substances Act and | | | | | | | Section 10/17/18 UA(P) | | | | | | | Act | | | | | +-------+--------------------------------------------+----------------------+--------+----------------+----------------+ 32. Mr. Rajen Singh, IPS, Superintendent of Police, Golaghat, who is State Witness No.6 has deposed in his evidence that four (4) cases have been registered against the ULFA cadres in eight different Police Station of Golaghat district during the period from 27th November, 2019 to 1st July, 2024 and a number of suspected ULFA cadres/Linkmen have been arrested. Dist- Golaghat +-------+--------------------------------------------+-------------------+--------+----------------+----------------+ | SL No.| Case Reference | Nature of Offence | Arrest | Present Status | Exhibit Number | +=======+============================================+===================+========+----------------+----------------+ | 1. | Golaghat PS Case No. | ULFA flag | 2 | FR | Exhibit- 7(1) | | | 1163/2019,U/S 120 (B)/121 | Hoisting | | | | | | /121 (A) / 109 IPC, R/W Sec. | | | | | | | 66 (F) IT Act & 10/13 UA(P) | | | | | | | Act | | | | | +-------+--------------------------------------------+-------------------+--------+----------------+----------------+ | 2. | Golaghat PS case No. | ULFA flag | Nil | FR | Exhibit- 7(3) | | | 82/2021, U/S 447 IPC, R/W | Hoisting | | | | | | Sec. 13 UA(P) | | | | | +-------+--------------------------------------------+-------------------+--------+----------------+----------------+ | 3. | Sarupathar Case PS No. | Recruitment | 1 | Under investigation| Exhibit- 7(4) | | | 158/2021, U/S 120 (B) / 121 | | | | | +-------+--------------------------------------------+-------------------+--------+----------------+----------------+ | 4. | /121 (A) / 122 IPC, R/W Sec. | Extortion, | 1 | Charge Sheeted vide| Exhibit- 7(2) | | | 10/13 UA(P) Act. Sarupathar PS Case No. | (Buying and | | CS No. 27/22 | | | | 19/2022, U/S 12 (B)/387 IPC | selling of | | | | | | R/W, Sec. 25 (1) (A) Arms | weapons in | | | | | | ACT. R/W Sec. 10/13 UA(P) | Assam) | | | | | | Act. | | | | | +-------+--------------------------------------------+-------------------+--------+----------------+----------------+ 33. Dr. Debajit Nath, APS, DCP Crime, Guwahati; who is State Witness No.7 has deposed in his evidence that eight (08) cases have been registered against the ULFA cadres in four different Police Station of Kamrup (M) district in the period from 27th November, 2019 to 1st July, 2024 and other 04(four) cases have been registered in four different police stations during the period from 1st July,2024 till 26th of Nov, 2024 and a number of suspected ULFA cadres/Linkman have been arrested. However, only the details of 5 cases have been given by SW-7, which are as follows:- Guwahati City +-----+-------------------------------------------+---------------------+--------+---------------------+----------------+ | SL | Case Reference | Nature of Offence | Arrest | Present Status | Exhibit Number | | No. | | | | | | +=====+===========================================+---------------------+========+---------------------+================+ | 1. | Dispur PS Case No. 608/2022 U/S | Extortion | 2 | Under investigation | Exhibit-14 (1) | | | 120(B)/121/124(A)/387 IPC, R/W | | | | | | | Sec 13 of UA(P) Act | | | | | +-----+-------------------------------------------+---------------------+--------+---------------------+----------------+ | 2. | Jalukbari PS Case No. 740/2023 | Recruitment | 4 | Under investigation | Exhibit-14 (2) | | | U/S 120(B)/121/121(A)/34 IPC | | | | | | | R/W Sec 10/13 UA(P) Act | | | | | +-----+-------------------------------------------+---------------------+--------+---------------------+----------------+ | 3. | Panbazar PS Case No. 202/2024 | Planning IED | 8 | Under investigation | Exhibit-14(A) | | | U/S | for Carrying out | | | (1) | | | 147/148/149/152/196/197/55/61(2) | Bomb Blast | | | | | | BNS R/W Sec 4/5 ES Act R/W Sec | | | | | | | 10/13 UA(P) Act | | | | | +-----+-------------------------------------------+---------------------+--------+---------------------+----------------+ | 4. | Satgaon PS Case No. 118/2024 U/S | Press Release | 6 | Under investigation | Exhibit- 14(A) | | | 147/148/149/152/196/197/55/61(2) | Planning IED | | | (2) | | | BNS R/W Sec 4/5 ES Act & 10/13 | for Carrying out | | | | | | UA(P) Act | Bomb Blast | | | | | | | Through the | | | | | | | Social media | | | | +-----+-------------------------------------------+---------------------+--------+---------------------+----------------+ | 5. | Paltanbazar PS Case No. 282/2024 | Press Release | Nil | Under investigation | Exhibit- 14(A) | | | 147/148/149/152/196/197/55/61(2) | Planning IED | | | (3) | | | BNS R/WSec 10/13 UA(P) Act | for Carrying out | | | | | | R/W Sec 4/5 of E.S Act | Bomb Blast | | | | | | | Through the | | | | | | | Social media | | | | +-----+-------------------------------------------+---------------------+--------+---------------------+----------------+ 34. Mr. Shwetank Mishra, IPS, Superintendent of Police, Jorhat, who is State Witness No.8 has deposed in his evidence that eleven (11) cases have been registered against the ULFA cadres in four different Police Station of Jorhat district during the period from 27th November, 2019 to 1st July, 2024, and a number of suspected ULFA cadres/Linkman have been arrested. However, the particulars of only 3 cases have been given, which are as follows:- District: Jorhat +-----+--------------------------------------------+---------------------------+--------+---------------------+----------------+ | SL No.| Case Reference | Nature of Offence | Arrest | Present Status | Exhibit Number | +=====+============================================+---------------------------+--------+---------------------+----------------+ | 1. | Jorhat PS case no. | Hanging of ULFA | Nil | FR submitted vide FR| Exhibit- 15 (1)| | | 3431/2019 U/S | Flag in NA-Ali | | No. 576/2020 dtd. | | | | 120(B1/121/121(A) | area under Jorhat | | 30-05- | | | | IPC. RW Sec. 10/13 | PS | | 2020 | | | | UA(P) Act | | | | | +-----+--------------------------------------------+---------------------------+--------+---------------------+----------------+ | 2. | Teok PS 772/2021 | Apprehended of | 3 | Charge sheeted vide | Exhibit-15 (2) | | | 120(B)/121/121(A) | 02 (two) ULFA | | CS No. 47/2024 Dtd. | | | | RW Sec. | cadre | | 30-06- | | | | 10/13/18/188 UA(P) | | | 2024, U/s- | | | | Act | | | 120(b)/121/121(A) IPC| | +-----+--------------------------------------------+---------------------------+--------+---------------------+----------------+ | 3. | Teok PS C/No. | Supporter and | 1 | Charge sheeted vide | Exhibit- 15 (3)| | | 177/2023 UIS | sympathizer of the | | CS No. 46/2024 Dtd. | | | | 120(B)/121/121(A) | Banned extremist | | 30-06- | | | | IPC R/W Sec. 10/13 | group ULFA | | 2024, U/S- | | | | of UA(P) Act | | | 120(B)/121/121(A) IPC| | +-----+--------------------------------------------+---------------------------+--------+---------------------+----------------+ 35. Mr. Ranjan Bhuyan, IPS, Superintendent of Police, Kamrup who is State Witness No.9 has deposed in his evidence that three (03) cases have been registered against the ULFA cadres in three different Police Stations of Kamrup district during the period from 27th November, 2019 to 1st July, 2024 and a number of suspected ULFA cadres/Linkman have been arrested. Dist- Kamrup +-----+--------------------------------------------+-------------------+-----------------+----------------+----------------+ | SL. | Case Reference | Nature of Offence | No. of Person | Present Status | Exhibit | | No. | | | Arrested | | | +=====+============================================+-------------------+-----------------+----------------+----------------+ | 1 | Rangia PS Case No. 69/22 | Hoisting of | 3 | FR | Exhibit- 18(1) | | | 120(B)/121(A) U/S | ULFA Flag | | | | | | IPC R/W Sec10/13 UA (P) | | | | | | | Act | | | | | +-----+--------------------------------------------+-------------------+-----------------+----------------+----------------+ | 2 | Kamalpur PS Case no. | Hoisting of | 2 | Under Investigation| Exhibit- 18(2) | | | 198/2023 U/S 120 (B)/121 | ULFA Flag | | | | | | /121(A) IPC R/W Section | | | | | | | 10/13 UAP Act | | | | | +-----+--------------------------------------------+-------------------+-----------------+----------------+----------------+ | 3 | Baihata Chariali PS | Hoisting of | 2 | Under Investigation| Exhibit- 18(3) | | | CaseNo.- 367/23 | ULFA Flag | | | | | | U/S120 | | | | | | | (B)/121/121(A)IPC, | | | | | | | R/W Sec.-10/13 | | | | | | | UA(P)Act. | | | | | +-----+--------------------------------------------+-------------------+-----------------+----------------+----------------+ 36. Mr. Mihirjit Gayan, IPS, Superintendent of Police, Lakhimpur who is State Witness No.10 has deposed in his evidence that one (01) case has been registered against the ULFA cadres in a Police Station of North Lakhimpur district during the period from 27th November, 2019 to 1st July, 2024 and a number of suspected ULFA cadres/Linkman have been arrested. District: Lakhimpur +-----+--------------------------------------------+---------------------+--------+----------------+----------------+ | SL | Case Reference | Nature of Offence | Arrest | Present Status | Exhibit Number | | No. | | | | | | +=====+============================================+---------------------+--------+----------------+----------------+ | 1 | North Lakhimpur PS Case No. | Canvassing and | 14 | Under | Exhibit- | | | 262/2022, U/S -120(B)/ 121/ | recruiting youths | | investigat | 10 | | | 121(A) IPC, R/W Sec. | from different parts| | ion | | | | 10/13/15 (i)(a)/17/18/18 (B) | of Lakhimpur to | | | | | | UA(P) Act., R/W Sec. 66(F) IT | join ULFA | | | | | | Act | | | | | +-----+--------------------------------------------+---------------------+--------+----------------+----------------+ 37. Mr. Swapnaneel Deka, APS, Superintendent of Police, Nagaon who is State Witness No.11 has deposed in his evidence that one (01) case has been registered against the ULFA cadres in Nagaon Police Station under Nagaon district in the period from 27th November, 2019 to 1st July, 2024 and a number of suspected ULFA cadres/Linkman have been arrested. District: Nagaon +-----+--------------------------------------------+---------------------+--------+---------------------+----------------+ | SL | Case Reference | Nature of Offence | Arrest | Present Status | Exhibit Number | | No. | | | | | | +=====+============================================+---------------------+--------+---------------------+----------------+ | 1 | Nagaon P.S Case | Suspected IED | 08 | Under investigation | Exhibit- 20 | | | No-796/2024,U/S- | recovered in | | | | | | 61/62/150/152/353/1 | Borghat area | | | | | | 47/148/326(f) BNS | | | | | | | R/W Sec | | | | | | | 10/13/16/18/20 | | | | | | | UA(P) Act R/W Sec | | | | | | | 4 of Explosive | | | | | | | Substance Act | | | | | +-----+--------------------------------------------+---------------------+--------+---------------------+----------------+ 38. Ms. Supriya Das, IPS, Superintendent of Police, Nalbari, who is State Witness No.12 has deposed in her evidence that three (3) cases have been registered against the ULFA cadres in Nalbari District, 2 (two) in Nalbari Police Station and 1 (one) case in Belsor Police Station, during the period between 1st July, 2024 and within 26th November, 2024 and 5 (Five) numbers of suspected ULFA cadres have been arrested; 1(one) in Belsor Police Station and 4(four) in the 2 (two) cases of Nalbari Police Station. However, the particulars of only 1 case has been shown, which is as follows:- Dist- Nalbari +-----+--------------------------------------------+---------------------+--------+---------------------+----------------+ | SL | Case Reference | Nature of Offence | Arrest | Present Status | Exhibit Number | | No. | | | | | | +=====+============================================+---------------------+--------+---------------------+----------------+ | 1 | Nalbari PS case no. | Suspected | 03 | Under | Exhibit - 21 | | | 285/2024 U/S | explosives were | | investigati | | | | 61/62/147/148/152/ | recovered in Civil | | on | | | | 196/197/326(1)/35 | Hospital, Nalbari | | | | | | 3 BNS R/W Sec. | | | | | | | 16/18/20/23/38/39 | | | | | | | of UA (P) Act, | | | | | | | R/W Sec. 4/5 6/9 | | | | | | | (B) | | | | | +-----+--------------------------------------------+---------------------+--------+---------------------+----------------+ 39. Mr. Jagadish Das, APS, Superintendent of Police, Sadiya, who is State Witness No.13 has deposed in his evidence that nine (09) cases have been registered against the ULFA cadres in three different Police Stations of Sadiya district during the period from 27th November, 2019 to 1st July, 2024 and a number of suspected ULFA cadres/Linkman have been arrested. However, the particulars of only 6 cases have been given, which are as follows:- Dist- Sadiya +-------+--------------------------------------------+-------------------+--------+---------------------+----------------+ | Sl. No.| Case Reference | Nature of Offence | Arrest | Present Status | Exhibit Number | +=======+============================================+===================+========+---------------------+================+ | 1. | Sadiya PS Case No. 173/2021, US- | Extortion | 2 | Under investigation | Exhibit- 16 (1)| | | 120(8)384 IPC. R/W Sec. 17 UA(P) | | | | | | | Act.DR-31/12/2021 | | | | | +-------+--------------------------------------------+-------------------+--------+---------------------+----------------+ | 2. | Sadiya PS C/No. 198/2023, U/S- | Recruitment | 3 | Charge sheeted | Exhibit- 16 (2)| | | 120(B)/121/121(A)/123 IPC, R/W | | | | | | | Sec. 10/13/16 UA(P)Act.2023 D.R- | | | | | | | 23/11/2023. | | | | | +-------+--------------------------------------------+-------------------+--------+---------------------+----------------+ | 3. | Dholla P.S. Case No. 49/2023 | Recruitment | 3 | Charge sheeted | Exhibit- 16 (3)| | | U/S120B/121/121A/123/353/392 | | | | | | | IPC R/W Sec 10/13 UA(P) Act.D.R- | | | | | | | 24/12/2023. | | | | | +-------+--------------------------------------------+-------------------+--------+---------------------+----------------+ | 4. | Dholla P.S. Case No. 32/2023 U/S | Recruitment | 1 | Under | Exhibit- 16 (4)| | | 120B/121/121A IPC R/W Sec | | | investigation | | | | 10/13/18(b) UA(P) Act. | | | | | | | D.R-02/08/2023. | | | | | +-------+--------------------------------------------+-------------------+--------+---------------------+----------------+ | 5. | Sadiya P.S. Case No. 163/2021, U/S | Extortion | Nil | FR | Exhibit- 16 (5)| | | 120(B387 IPC, R/W Sec. 10/13/17 | | | | | | | UAP) Act D.R-08/12/2021 | | | | | +-------+--------------------------------------------+-------------------+--------+---------------------+----------------+ | 6. | Sadiya P.S. Case No. 28/2022, U/S | Recruitment | Nil | FR. | Exhibit- 16 (6)| | | - 120(B)/121/121(A)/370 IPC, R/W | | | | | | | Sec. 84(B) I.T. Act, R/W Sec. | | | | | | | 10/13/18(B) UA(P) Act.D.R- | | | | | | | 31/03/2022 | | | | | +-------+--------------------------------------------+-------------------+--------+---------------------+----------------+ 40. Mr. Barun Purkasyastha, IPS, Superintendent of Police, Sonitpur who is State Witness No.14 has deposed in his evidence that four (04) cases have been registered against the ULFA cadres in two (02) Police Stations viz. Tezpur PS and Rangapara PS between 27-11-2019 to 01-07-2024 and quite a number of ULFA cadres arrested from time to time. Dist- Sonitpur +-----+--------------------------------------------+-------------------+--------+---------------------+----------------+ | SL. | Case Reference | Nature of Offence | Arrest | Present Status | Exhibit Number | | No. | | | | | | +=====+============================================+===================+========+---------------------+================+ | 1. | Tezpur P.S. case No. | Extortion | 3 | Under investigation | Exhibit - 8(1) | | | 344/2024 | | | | | | | U/S-120(B)/386/34 IPC | | | | | | | R/W Sec. | | | | | | | 10/13 of UA(P) Act | | | | | +-----+--------------------------------------------+-------------------+--------+---------------------+----------------+ | 2. | Tezpur P.S. case No. | Informer of | 2 | Under investigation | Exhibit - 8(2) | | | 999/2023 | ULFA | | | | | | 1U/S-120(B)/121 IPC | | | | | | | R/W Sec. | | | | | | | 10/13 of UA(P) Act | | | | | +-----+--------------------------------------------+-------------------+--------+---------------------+----------------+ | 3. | Rangapara P.S. case No. | Extortion, live | 6 | Charge sheeted | Exhibit - 8(3) | | | 112/2023 U/S | ammunition | | U/S- 120(B)/ | | | | 120(B)/121/121(A)/384/3 | recovered | | 121/121A/387/307 | | | | 07 IPC R/W Sec. 10/13 | | | IPC, R/w Sec | | | | of UA(P) Act. R/W Sec. | | | 25(I)(A) Arms Act | | | | 25(1) (A) Arms Act. | | | 1959 | | +-----+--------------------------------------------+-------------------+--------+---------------------+----------------+ | 4. | Tezpur P.S. case No. | Extortion | 3 | Charge sheeted | Exhibit - 8(4) | | | 945/2021 | | | Fix for appearance | | | | U/S-120(B)/384 IPC r/W | | | | | | | Sec. | | | | | | | 10/13 of UA(P) Act | | | | | +-----+--------------------------------------------+-------------------+--------+---------------------+----------------+ 41. Mr. Subhrajyoti Borah, IPS, Superintendent of Police, Sivasagar, who is State Witness No.15 has deposed in his evidence that Nineteen (19) cases have been registered in Sivasagar district in 06 (Six) nos. of police station (Sivasagar PS- 07, Demow PS- 06, Simaluguri PS- 02, Geleky PS- 01, Nazira PS- 02 and Amguri PS- 01) against the ULFA cadres under the Unlawful Activities (Prevention) Act between 27th November, 2019 to 1st July, 2024. Thereafter, one case was registered after 01.07.2024 in Sivasagar Police Station. However, the particulars of only 5 cases have been given, which are as follows:- Dist- Sivasagar +-----+--------------------------------------------+---------------------+--------+---------------------+----------------+ | SL. | Case Reference | Nature of Offence | Arrest | Present Status | Exhibit Number | | No. | | | | | | +=====+============================================+=====================+========+---------------------+================+ | 1. | Sivasagar PS case No. 1283/2019 | Recovery of ULFA | Nil | FR | Exhibit- 9 (1) | | | U/S 121 IPC R/W Sec 10/13 | Flag | | | | | | UA(P) Act. | | | | | +-----+--------------------------------------------+---------------------+--------+---------------------+----------------+ | 2. | Simaluguri PS Case No. 46/2021 | Kidnapping with | 11 | Charge sheeted | Exhibit- 9 (2) | | | U/S 447/365/143 IPC. R/W | extortion | | submitted vide | | | | Sec.25 (1-a) Arms act Add Sec. | | | CS No. 70/21 | | | | 120(B)/121/122 | | | Dtd. 18/10/2021 | | | | IPC | | | | | | | and10/13/16/18/19/20/38/39/40 | | | | | | | UA(P) Act & 27 Arms Act | | | | | +-----+--------------------------------------------+---------------------+--------+---------------------+----------------+ | 3. | Sivasagar PS Case No. 190/2023 | Grenade Blast with | 6 | Under investigation | Exhibit- 9 (3) | | | U/S 120(B)/121/121(A)/123 IPC, | Extortion | | | | | | R/W Sec. 10/13/18 UA(P) Act | | | | | | | Add sec. 25 Arms act & 3 of ES | | | | | | | Act | | | | | +-----+--------------------------------------------+---------------------+--------+---------------------+----------------+ | 4. | Nazira PS case No. 7/2024 U/S | Recover of Arms | 1 | Charge sheeted | Exhibit- 9 (4) | | | 120(B)/121/121(A)/122 IPC R/W | and Ammunition | | submitted vide | | | | Sec. 10/13 UA(P) Act, R/W Sec. | with Recruitment | | CS No. 8/24 | | | | 25 (1-a) Arms act | | | Dtd. 30/4/2024 | | +-----+--------------------------------------------+---------------------+--------+---------------------+----------------+ | 5. | Sivasagar PS case No. 105/2024 | IED's recovered | 7 | Charge sheeted | Exhibit- 9 (A) | | | U/S 61/62/147/148/150/152/153 | Planted for | | | | | | BNS R/W Sec. 10/13/16/18/20 | Independence Day | | | | | | UA(P) Act R/W Sec. 4 of ES Act | Blast circulated | | | | | | | vide video through | | | | | | | social media (online| | | | | | | news porgals) | | | | +-----+--------------------------------------------+---------------------+--------+---------------------+----------------+ 42. Mr. Diganta Kr. Choudhary, APS, Superintendent of Police, Tamulpur who is State Witness No.16 has deposed in his evidence that Two (02) cases have been registered against the ULFA cadres/supporters under Tamulpur Police Station in Tamulpur district under the Unlawful Activities (Prevention) Act from 27th Nov., 2019 to 1st July, 2024 and 01 (one) case has been registered against the ULFA cadres in the month of August, 2024 in Tamulpur Police Station during the period beyond 1st July, 2024 and within 26th November, 2024 under the Unlawful Activities (Prevention) Act. The particulars of the cases registered between 27.11.2019 to 01.07.2024 are as follows :- Dist- Tamulpur +-----+------+--------------------------------------------+-------------------+--------+---------------------+----------------+ | SL. | Year | Case Reference | Nature of Offence | Arrest | Present Status | Exhibit Number | | No. | | | | | | | +=====+======+============================================+===================+========+---------------------+----------------+ | 1. | 2024 | Tamulpur PS case | Hosting of | NIL | Under Investigation | Exhibit-19 | | | | no71/24, U/S-120(B)/ | ULFA Flags | | | | | | | 121 A IPC, R/W Sec-13 | | | | | | | | (1) (b) / 20 of UA(P) | | | | | | | | Act | | | | | +-----+------+--------------------------------------------+-------------------+--------+---------------------+----------------+ | 2. | 2024 | Tamulpur PS case | Recovery of | 1 | Under Investigation | Exhibit- 19 (A)| | | | no197/24, U/S- | IED Planted | | | | | | | 113(3)/113 | | | | | | | | (5)/147/148/149 BNS, | | | | | | | | R/W Sec-13 | | | | | | | | (1) (b)/20/23 of UA(P) | | | | | | | | Act | | | | | +-----+------+--------------------------------------------+-------------------+--------+---------------------+----------------+ 43. Mr. Gurav Abhijit Dilip, IPS, Superintendent of Police, Tinsukia who is State Witness No.17 has deposed in his evidence that forty seven (47) cases have been registered against the ULFA cadres in seven (07) Police Stations in Tinsukia district between 27-11-2019 to 01-07-2024 and quite a number of ULFA cadres are arrested from time to time. The particulars of only 14 registered cases have been given, which are as follows:- District - Tinsukia +-----+--------------------------------------------+---------------------------+--------+-----------------------------------+----------------+ | SL. | Case Reference | Nature of Offence | Arrest | Present Status | Exhibit | | No. | | | t | | | +=====+============================================+---------------------------+--------+-----------------------------------+----------------+ | 1. | Lekhapani PS Case No. | Dacoity & | Nil | Under investigation | Exhibit - 4(1) | | | 27/2020, U/S 120(B)/365 IPC, | Possesing | | | | | | R/W Sec 25 (1-b)(a) Arms Act. | arms | | | | +-----+--------------------------------------------+---------------------------+--------+-----------------------------------+----------------+ | 2. | Baghjan PS Case 55/21 U/S | Kidnapping | 2 | Under investigation | Exhibit - 4(2) | | | 365 IPC R/W Sec 10/13 | for | | | | | | UA(P) ACTDigboi PS | recruitment in | | | | | | C/No-170/21 U/S- | ULFA | | | | | | 120(B)/122/384 IPC RW | | | | | | | Sec 28 Arms Act, R/W Sec | | | | | | | 17/18/18(b) UA(P) Act | | | | | +-----+--------------------------------------------+---------------------------+--------+-----------------------------------+----------------+ | 3. | Digboi PS Case No-136/21 | Grenade Blast, | 2 | Charge sheeted (U/S- | Exhibit - 4(3) | | | U/S- | 2 person died | | 120(B)/121/121(A)/122/326 | | | | 120(B)/121/121(A)/122/326 | (Civilian) | | /307/302 IPC R/W Sec 3 of | | | | / 307/302 IPC R/W Sec 3 of | | | ES Act, R/W Sec 16(a)/18 | | | | ES Act, Add Sec 16(a)/18 | | | UA(P) Act) | | | | UA(P) Act | | | | | +-----+--------------------------------------------+---------------------------+--------+-----------------------------------+----------------+ | 4. | Bordumsa PS Case - | Logistics | 2 | Under investigation | Exhibit - 4(4) | | | 29/2022, U/S- | supports to | | | | | | 120(b)/121/121(A)/122/212 | shelter the | | | | | | /34 IPC R/W - 17/19 UA(P) | members of | | | | | | Act | ULFA | | | | +-----+--------------------------------------------+---------------------------+--------+-----------------------------------+----------------+ | 5. | Digboi PS Case no. | Ambush over | 1 | FR submitted | Exhibit - 4(5) | | | 226/2022 u/s 120(b)/ | Army | | | | | | 121(a)/121/122 IPC R/W | personnel | | | | | | Sec. 25(1-a) Arms Act. | | | | | +-----+--------------------------------------------+---------------------------+--------+-----------------------------------+----------------+ | 6. | Kakopathar PS Case No. | Exchange of | Nil | FR submitted on the found | Exhibit - 4(6) | | | 31/2022 U/S121/121 | fire between | | that the case is true but no | | | | (A)/122/123/353/307/34 | 14th Assam | | clue of other accd. persons | | | | IPC, R/W Sec 10/13/16 UA | Regiment | | | | | | (P) Act, R/W Sec 25-1 | Police and | | | | | | (A)/27 Arms Act, R/W Sec | ULFA 1 | | | | | | 3/4/5 Explosive Substances | Hardcore of | | | | | | Act | ULFA died | | | | +-----+--------------------------------------------+---------------------------+--------+-----------------------------------+----------------+ | 7. | Lekhapani PS Case | Arrested | 6 | Under investigation | Exhibit - 4(7) | | | No.23/2022 U/S- | ULFA cadre | | | | | | 120(B)/121/121-A/123 IPC, | with arms | | | | | | R/W SEC. 10/13 UA(P) | | | | | | | ACT | | | | | +-----+--------------------------------------------+---------------------------+--------+-----------------------------------+----------------+ | 8. | Pengaree Ps Case No | Administrative | 4 | Under investigation | Exhibit - 4(8) | | | 48/2022 U/S 120(B)/121 | and logistic | | | | | | IPC, R/W Sec 10/13 UA(P) | supports to | | | | | | Act | ULFA (I) | | | | +-----+--------------------------------------------+---------------------------+--------+-----------------------------------+----------------+ | 9. | Digboi PS Case/No- | Recruitment in | 4 | Under investigation | Exhibit - 4(9) | | | 179/2023 U/S 120(B)/ | ULFA and | | | | | | 121/121(a) IPC R/W | recovered | | | | | | SEC10/13 UA(P) Act, R/W Sec 5 ES Act | explosive | | | | | | | items | | | | +-----+--------------------------------------------+---------------------------+--------+-----------------------------------+----------------+ | 10. | Lekhapani PS | Two (2) | 3 | Under investigation | Exhibit - 4(10)| | | Case/No.92/2023 U/S- | hardcore | | | | | | 120(B)/121/121-A/123 IPC, | ULFA cadres | | | | | | R/W | were arrested | | | | | | SEC. 10/13/16/18/20/38/39 | by Joint | | | | | | UA(P) | Operation of | | | | | | ACT. | AP and | | | | | | | Assam | | | | | | | Regiment | | | | +-----+--------------------------------------------+---------------------------+--------+-----------------------------------+----------------+ | 11. | Margherita PS Case No. | Exchange of | Nil | FR submitted | Exhibit - 4(11)| | | 42/2023 U/S 384/307 IPC | fire between | | | | | | R/W Sec 25(1)(a)(b)/27 | ULFA and | | | | | | Arms Act R/W Sec 10/13/17 | Police 1 | | | | | | UA(P) Act. R/W Sec 4 (b) | Hardcore | | | | | | ES Act | ULFA died | | | | +-----+--------------------------------------------+---------------------------+--------+-----------------------------------+----------------+ | 12. | Margherita PS Case No. | Extortion | Nil | Under investigation | Exhibit - 4(12)| | | 169/2023 U/S | | | | | | | 120(B)/385/506 IPC R/W | | | | | | | Sec 10/13 UA(P) Act. | | | | | +-----+--------------------------------------------+---------------------------+--------+-----------------------------------+----------------+ | 13. | Margherita PS Case | Extortion | Nil | Under investigation | Exhibit - 4(13)| | | No.216/2023 U/S385 IPC | | | | | | | R/W Sec 10/13 UA(P) Act. | | | | | +-----+--------------------------------------------+---------------------------+--------+-----------------------------------+----------------+ | 14. | Margherita PS Case no. | Ambush over | 3 | Under investigation | Exhibit - 4(14)| | | 38/2024 u/s 326/307/427 | Army | | | | | | IPC, R/W Sec. 25 (1-A) | personnel | | | | | | Arms ActAdded Sec 120 В | (Fire | | | | | | IPC R/W Sec 10/13 UA(P) | exchanged | | | | | | Act | between | | | | | | | ULFA and | | | | | | | Army) | | | | +-----+--------------------------------------------+---------------------------+--------+-----------------------------------+----------------+ 44. Mr. Prakash Sonowal, APS, Superintendent of Police, Darrang, who is State Witness No.18 has deposed in his evidence that Six (06) cases have been registered against the ULFA cadres/linkman in two police stations (Sipajhar Police Station and Mangaldai Police Station) of Darrang District during the period from 27th November, 2019 to 1st July, 2024 and a number of suspected ULFA cadres/ Linkmen were arrested. The particulars of only 1 case has been given, which is as follows:- Dist- Darrang +-----+--------------------------------------------+-------------------+--------+----------------+----------------+ | SL. | Case Reference | Nature of Offence | Arrest | Present Status | Exhibit Number | | No. | | | | | | +=====+============================================+===================+========+----------------+----------------+ | 1 | Sipajhar PS Case | Recruitment | 7 | Charge | Exhibit -17 | | | No. 14/2021 | | | sheeted | | | | U/S | | | | | | | 120B/121/121(A) | | | | | | | /34 IPC RW | | | | | | | Sec. 10/13 of | | | | | | | UA(P) Act | | | | | +-----+--------------------------------------------+-------------------+--------+----------------+----------------+ 45. Mr. Mayank Kumar, IPS, Superintendent of Police, Dima Hasao who is State Witness No.19 has deposed in his evidence in affidavit that One (1) case has been registered against the ULFA cadres in Haflong Police Station of Dima Hasao district in the period from 27th November, 2019 to 1st July, 2024. District: Dima Hasao +-----+--------------------------------------------+-------------------+--------+----------------+----------------+ | SL | Case Reference | Nature of Offence | Arrest | Present Status | Exhibit Number | | No. | | | | | | +=====+============================================+-------------------+--------+----------------+----------------+ | 1 | Haflong P.S Case No. | Extortion | Nil | FR Submitted | Exhibit-11 | | | 112/2020 U/S | | | | | | | 12(B)/121(A)/387 IPC, | | | | | | | R/W sec.10/13 UA (P) | | | | | | | Act. | | | | | +-----+--------------------------------------------+-------------------+--------+----------------+----------------+ 46. The evidence in terms of Exhibit CW1/A produced by Under Secy. to the Govt. of India, Ministry of Home Affairs, as well as Exhibit 3 as produced by State Witness No.1 i.e. Additional Secy. to the Govt. of Assam, corroborate the materials produced in terms of Exhibit 4 to Exhibit 21 by the eighteen Superintendents of Police of different districts. Exhibit -3 is a note on ULFA and it's unlawful activities during the period from 27th November, 2019 to 26th November, 2024 and beyond 1st July up to 26th Nov, 2024 in different districts of the State received from SB, HQr., Assam, Kahilipara, Guwahati, which has been prepared on the basis of district reports and Intelligence inputs. It gives you information about the objectives, affairs and activities that had been carried out by the ULFA during the aforementioned period. It has been stated that ULFA (United Liberation Front of Assam) was formed on 7th April, 1979 and that it espouses secessionist ideology from India through armed struggle, with a view to creating an Independent Assam. The outfit, since its inception, has been waging war against the Government of India to achieve its goal, by resorting to wide- scale illegal and violent acts throughout the State of Assam, which has adversely affected the law and order situation of the State. 47. It is note-worthy to mention that as per the report in Exhibit-3 and CW1/A, in the ULFA organization there are two factions, one which has joined the peace process and the other determined to continue their violent and illegal activities. In 2011, the Arabinda Rajkhowa-led faction of the outfit joined the peace process. Subsequently on 29th December, 2023, a Memorandum of Settlement (MoS) was signed between the ULFA faction led by Arabinda Rajkhowa and by the Govt. of India and Govt. of Assam. The anti-talks group of ULFA led by SS C-in-C Paresh Baruah, has changed it's nomenclature from ULFA (anti-talk) to ULFA (Independent) w.e.f. the 1st week of April, 2013. 48. The Note states that the ULFA has continued to indulge in various illegal and violent activities, with the motive of destabilizing the Govt. of India by way of extortion, explosion, kidnapping, attack on security forces, boycotting the Republic Day and the Independence day celebrations etc. A total 16 incidents of violence, attributable to ULFA, in addition to more than 200 Police cases registered in various Police Stations throughout the State of Assam for various unlawful activities committed by ULFA have taken place in Assam during the period from 27/11/2019 till 26/11/2024, where 02 (two) civilians were killed, namely 1.Sanjit Singh 2. Surajit Talukdar. A total 03 (three) hardcore cadres of ULFA also died in Police/Security force action. 15 (fifteen) cases were registered in this regard. In order to substantiate their stand, they have relied upon fifteen registered cases which are shown in Annexure-C of Exhibit- 3. With regard to Digboi PS case No 136/2021, it is reported that on May 14, 2024, a grenade explosion occurred at Tingrai Bazar (Digboi PS) and as a result, four persons namely Surajit Talukdar, Manjit Das, Ghanshyam Agarwal and Sanjit Singh sustained injuries. Later on, two of them succumbed to their injuries. In this connection police arrested two surrendered ULFA activist. Moreover, it is reported that the ULFA(I) had also resorted to three consecutive grenade explosions on the Indian Army and CRPF Camps in the latter part of 2023, near Kopahtholi Army camp, Tinsukia, 14th Bn. CRPF camp, Joysagar, Sivasagar and 41st HQ, Sub-Area of Indian Army, Lichubari, Jorhat. Exhibit CW1/A again reveals that on 29th May, 2024, the NIA filed charge sheet against SS chief ULFA(I) Paresh Baruah, SS Brigadier Arunudoy Dohutia, SS 2nd Lt. Saurav Asom, SS captain Abhijit Gogoi, Parag Borah and Bijoy Moran in connection with the incident of lobbying grenade on the evening of 22nd Nov, 2023 at the army camp in Kakopathar in Tinsukia district of Assam. Again on June 25, 2024, the NIA filed charge sheet against four ULFA-I cadres, in connection with lobbying grenade at the military station in Lichubari in Jorhat District on December 14, 2023. In this regard, the following cases were registered, i.e, Kakopathar PS case No. 80/2023, Sivasagar PS case No10/23, Jorhat PS case No. 555/2023 and Margherita PS case No. 38/2024. 49. On Feb. 11, 2020, ULFA cadres kidnapped one employee of a stone crusher unit, namely Baikuntha Handique (21) of 9 mile, Jagun (Lekhapani PS) from the unit located at Jagun. Later on, he was released by the outfit. This is in relation to Lekhapani PS case no. 27/2020, u/s 120(b)/365 IPC, r/w sec 25(1-b)(a) Arms Act. On 21st April, 2021, ULFA cadres kidnapped 3 (three) employees of ONGC (L) namely Mohini Mohan Gogoi (35), Ritul Saikia (33) and Alakesh Saikia (28) from the drilling site of Lakwa near ggs-8 (Simaluguri PS). On 24-04-21, Security forces recovered Mohini Mohan Gogoi and Alakesh Saikia from Mon district (Nagaland) and on May 22, 2021, ULFA released Ritul Saikia (an employee of ONGC) safely at Langwa in Mon district (Nagaland) near Indo-Myanmar border. In this regards a case has been registered at Simluguri PS vide no. 46/2021 U/S 447/365/143 IPC, R/W Sec 25 (1-A) Arms Act. On Oct, 23, 2024, 06 (six) unknown gunmen suspected to be ULFA cadres kidnapped one Gautom Basumatary (21), s/o Rebot Basumatary of Namphai, Natun Basti Bodo Gaon, who was working at M/S Himalaya tea company, from 10th mile Jagun under Lekhapani PS as a Mohori. In this connection, a case was registered at Lekhapani PS vide case No. 62/2024 U/S 140(3)/3(5) BNS, R/W Sec. 25 (1-a) Arms Act. 50. Beside the above cases, Exhibit-3 speaks of ULFA expressing solidarity with the other Indian insurgent groups viz. NSCN, CorCom, NLFT, KYKL, PLA that are based in Myanmar. As per a report dated 15th August, 2024, ULFA issued a Press release (Annexure-E of Exhibit-3), in which they claimed that they had planted bombs/IEDs in 19 different locations in Assam. They also mentioned that the bombs were planted as part of their armed protest against the celebration of Independence Day, 2024. Accordingly the entire State security arrangements were intensified and Assam Police launched an extensive search operation on suspected places, resulting in the location and recovery of suspected bombs. A total of 11 suspected bombs/IEDs were recovered from different places in the State as shown in Annexure- F of Exhibit-3. 51. 'Association', as per Section 2(1)(a) of the Act means any combination or body of individuals. As per Section 2(1)(0) of the Act, 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. 'Unlawful Association' has been defined in Section 2(1)(p) of the Act 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. 52. It has been held by the Hon'ble Supreme Court in Jamaat-E-Islami Hind vs. Union of India, reported in [1995] 1 SCC 428, that the definition of 'unlawful activity' and 'unlawful association', as provided in the Act, makes 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 (IPC). A declaration as regards an association under Section 3(1) as an ‘unlawful association' has to be based on an objective determination of the matter by the Central Government. Section 4 of the Act requires confirmation of the act of the Central Government by the Tribunal. The purpose of making 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. The nature of inquiry contemplated by the Tribunal under Section 4(3) requires it to weigh the material 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. The entire procedure contemplates an objective determination made on the basis of materials placed before the Tribunal by the two sides and the inquiry is in the nature of adjudication of a lis between two parties, the outcome of which depends on the weight of the materials produced by them. Credibility of the materials should, ordinarily, be capable of objective assessment. The decision to be made by the Tribunal is whether or not there is sufficient cause for declaring the association unlawful. Such a determination requires the Tribunal to reach the conclusion that the materials to support the declaration outweigh the materials against it and the additional weight to support the declaration is sufficient to sustain it. The test of greater probability appears to be the pragmatic test applicable in that context. However, in the present case, the inquiry is being done in the absence of ULFA, as they have not appeared or responded to the notices issued. Thus, the inquiry is being held on the basis of the materials provided by the State Government of Assam and the Central Government. 53. As per the constitution of ULFA, one of the main objects of the organization is to achieve sovereignty of Assam by secession from India, by armed revolution. It is mentioned in Section 2(1)(i) of the UA(P) Act, 1967 that 'secession of a part of the territory of India from the Union' includes the assertion of any claim to determine whether such part will remain a part of the territory of India. It is thus evident that such a claim for secession, as incorporated in the Constitution of the organisation, comes within the scope and ambit of ‘unlawful activity', especially when the organisation has been found to have taken action towards it, by committing illegal acts, by words written, by signs and by visible representation. 54. On perusing the evidence and in terms of the submissions made by the counsels for the Central and State Government, it is seen that eighty nine (89) cases have been registered against ULFA and two hundred thirty five (235) persons have been arrested. 2(two) civilians and three (3) ULFA cadres have died. Charge-sheets have been submitted in twenty one (21) out of the eighty nine (89) cases, while Final Reports have been submitted in fourteen (14) cases. The cases involve bomb blasts, criminal conspiracy, extortion, recovery of grenade and other arms. It also relates to recruitment to ULFA and the issuance of press releases in the social media in support of ULFA. There are cases of hoisting of ULFA flags, dacoity, kidnapping/recovery of bombs and exchange of fire etc. There are also cases of ambush on army personnel and apprehending persons planning to join ULFA. The long and short of the evidence that has been adduced shows that ULFA along with all its factions, wings and front organizations have initiated a violent campaign, with the object to secede the State of Assam from the Indian Union. 55. As the materials produced by the Government before the Tribunal shows that the organisation is involved in various subversive acts and activities, throughout the state, the action of the outfit comes under the purview of Section 2(o)(ii) of the aforesaid Act. Such unlawful activities pose a serious threat and are prejudicial to the security and integrity of the Nation. In the context of this case, none has appeared on behalf of ULFA nor have they produced any material as evidence to counter the claim of the Government. Hence, the evidence of the Government remains intact and the test of greater probability favours the Government. This Tribunal is of the view that the Government has produced considerable material before it, to confirm the declaration of the Central Government that ULFA is an unlawful association. This Tribunal thus finds that the materials produced by the State Government and on the basis of which the Central Government declared ULFA to be on unlawful Association, is justified. 56. In view of the above discussion and 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. 11011/03/2024-NE.V dated 23.12.2024, with the confirmation that there was sufficient cause to declare the United Liberation Front of Asom (ULFA) along with all its factions, wings and front organisations, as an 'unlawful association', in terms of the Notification No. S.O. 5053(E) dated 25.11.2024. JUSTICE MICHAEL ZOTHANKHUMA UNLAWFUL ACTIVITIES (PREVENTION) TRIBUNAL IN THE MATTER OF ULFA 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.