Manipur High Court
Salung Modar Maring @ Aungmin vs State Of Manipur; & Ors on 28 January, 2025
Author: A. Guneshwar Sharma
Bench: A. Guneshwar Sharma
KABORAMB Digitally signed
AM by KABORAMBAM
SANDEEP SINGH
SANDEEP Date: 2025.01.30
SINGH 14:04:34 +05'30'
Item No. 1
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
W.P. (Crl.) No. 19 of 2024
Salung Modar Maring @ Aungmin
Petitioner
Vs.
State of Manipur; & Ors.
Respondents
BEFORE
HON'BLE THE CHIEF JUSTICE MR. D. KRISHNAKUMAR
HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
28.01.2025
D. Krishnakumar, C.J. :
Mr. Osbert Khaling, learned counsel, appears for the petitioner and
Mr. RK Umakanta, learned senior counsel, assisted by Mr. W. Niranjit, learned
Deputy Government Advocate, appears for the respondents.
According to the prosecution, the brief facts of the case is that on
02.01.2024 at 07:00 pm, JC No. 4152242 NB/Sub Sunil of Assam Rifles reported
with the OC/TPL-PS alleging that on 30.01.2024 at round 07:00 pm, a Mobile
Check Post was established between COB Sita and COB RBC. During the search,
the suspected individuals traveling in white Maruti Gypsy were stopped and
apprehended. Upon questioning, it was revealed that Mr. Khullak Korungthang,
resident of Khurkathil Village and Mr. Aungmin, resident of Tamu, Myanmar,
were working as over ground worker for PLA (People Liberation Army) for the
last three years and have carried out reconnaissance of Assam Rifle post for
banned terrorist organization PLA on several occasion. It is further revealed by
Mr. Khullak Korungthang during the interrogation that the fake Aadhar in the
W.P. (Crl.) No. 19 of 2024 Page 1
name of Mr. Salung Modar Maring (who is now deceased) possessed by Mr.
Aungmin s/o Baimon, a resident of Tamu, Myanmar, was provided by father of
Mr. Khullak Korungthang. Both the individuals were involved in several occasions
in helping banned terrorist organization PLA in carrying out subversive activities
against the Indian Army. They were given extortion money around Rs. 3.5 lakh
by SS Maj. Krishna of PLA to purchase stores for PLA of which he had already
spent Rs. 60,000 and was holding Rs. 2.9 Lakh cash to be handed over to his
PLA handler at N. Satang Village.
The accused persons were produced in the court of Chief Judicial
Magistrate, Chandel into police custody for a period of ten days and was later
remanded to 15 days judicial custody till 26.02.2024.
The petitioner has filed an application for bail in the Court of
Special Judge (NIA) Imphal West wherein the counsel of the petitioner prayed
for releasing the accused on bail stating that the petitioner was falsely implicated
and also the jail authorities submitted the medical status report of the accused.
The Special Judge (NIA) Imphal West, granted bail to the accused on
14.03.2024.
According to the petitioner, he is a citizen of India and he has all
relevant documents to prove, such as Birth Certificate issued by the Registrar
Birth & Death, Domicile Certificate issued at SDO Machi, Tenghoupal District,
and Tribe Certificate issued by SDO, Tengnoupal District.
W.P. (Crl.) No. 19 of 2024 Page 2
Further, it is stated that the family members of the petitioner
submitted the release order to respondent No. 4, but the petitioner was not
released due to reason being a Section of the Foreigners Act was registered in
the FIR due to which his nationality came to be in question. Later the petitioner’s
family was given information IN LIEU OF MSG FORM dated 22.03.2024 by the
Superintendent Manipur Central Jail, Sajiwa that no family members of the
petitioner came forward to take him from Jail and further he was shifted to
Foreigners Detention Centre, Sajiwa.
Mr. RK Umakanta, learned senior counsel appearing for the State
respondents, relying on the affidavit-in-opposition filed on behalf of respondent
No. 4, states that when a prisoner is to be released, office of the Superintendent,
Manipur Central jail, Sajiwa, need to check all the necessary documents and the
nationality of the accused mentioned in the Release Form and Intermediate
Custody Warrant is Myanmar and the addressee of the accused is Sayakson
Village, PS Tamu, Myanmar. Due to the nationality issue, the accused could not
be released from jail.
Mr. RK Umakanta, learned senior counsel, further submitted that
the petitioner cannot be released on bail on the ground that they have not
produced relevant documents.
In such circumstance, Mr. Osbert Khaling, learned counsel for the
petitioner seeks permission to submit the relevant documents which has been
issued by the competent authority before the authority concerned and will
satisfy the authority that the petitioner belongs to Indian origin.
W.P. (Crl.) No. 19 of 2024 Page 3
In view of the above submission made by the parties, liberty is
granted to the petitioner to make fresh application to the Secretary (Home),
Government of Manipur, along with the relevant documents to prove his
nationality within a period of two weeks from the date of receipt of this order
and if any such application is submitted, the Secretary (Home) Government of
Manipur, shall consider and take appropriate action within a period of four weeks
thereafter.
With the above observation, the present petition is disposed of.
JUDGE CHIEF JUSTICE Sandeep W.P. (Crl.) No. 19 of 2024 Page 4
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