9911796707
TMI Blog1997 (12) TMI 661X X X X Extracts X X X X X X X X Extracts X X X X ..... F.I.R.) lodged by the Superintendent of Police, Special Operation Unit (SOU), Assam, a case Under Sections 120B, 121, 121-A and 122 of the Indian Penal Code and 10 and 13 of the Unlawful Activities (Prevention) Act, 1967 ('Act' for short) was registered by the SOU Police Station. The F.I.R. was based on reports collected from various parts of the State of Assam regarding recessional activities of some militant organisations including United Liberation Front of Assam (ULFA). In connection with that case three ULFA activists were arrested by the police at Mumbai Airport on August 23, 1997. It is alleged that their interrogation revealed that their hotel bills and the medical bill of one of them, namely Mrs. Pranati Deka, who was admit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s to the Gauhati High Court for disposal by a Division Bench. This Court, however, permitted the appellants to continue on the anticipatory bail granted by the Bombay High Court till November 7, 1997. Pursuant to the said direction the applications for anticipatory bail were heard on November 7, 1997 by a Division Bench of the Gauhati High Court and the prayer of the appellants was rejected. Hence these appeals at their instance. 3. Briefly stated, the case of the appellants, as can be culled out from the affidavits (and the annexures thereto) filed before this Court, is as under : (a) The Company owns 21 tea gardens in the State of Assam and has 21,000 employees on its roll. The company have had been the targets of extortion, killing an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hile admitting that the Company negotiated with the ULFA, that some of its officers met some leaders of that organisation in Bangkok in connection with their demands, and that it paid the hospital bill and hotel bills of their members in Mumbai it has submitted that to protect the larger interest of the employees of the Company and its tea gardens, it was compelled to yield to some of the demands of the organisation. The Company, however, categorically denied to have paid any ransom to the ULFA or any other militant organisation. 4. On the basis of the above facts and circumstances Mr. Shanti Bhushan who appeared for the Company, contended that it could not be said that any officer of the Company had committed any offence, far less the off ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... revealed that the Company has funded the organisation and the appellants had a role to play in it. 7. On the basis of the above materials collected during investigation, it is now to be seen whether the appellants have committed the offences for which they are sought to be made liable. Coming first to the offences under the Indian Penal Code Section 120B relates to criminal conspiracy to commit any offence and Sections 121, 121-A and 122 specifically relate to offences against the State. While Section 121 provides for punishment of those engaged in waging war against the Government of India, the other two Sections relate to conspiracy and preparation to commit such offence by collecting arms etc., respectively. 8. To ascertain the nature ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... apply to the State of Jammu & Kashmir." 9. Section 10 provides that whoever is and continues to be a member of an association declared unlawful by a notification issued Under Section 3 which has become effective Under Sub-Section (3) of that section, or takes part in meetings of any such unlawful association, or contributes to, or receives or solicits any contribution for the purpose of any such unlawful association or in any way assists the operation of any such unlawful association shall be punishable with imprisonment for a term which may extend to two years and shall also be liable to fine. 10. Section 13 speaks of punishment for 'unlawful activities' and it reads as follows : "(1) Whoever - (a) takes part in or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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