TODAY -

Description of charges filed against Chairman Meghen

Yenning *



National Investigation Agency (NIA), is the Central Counter Terrorism Law Enforcement Agency in India. The federal agency chargesheeted Chairman Meghen on December 16, 2010 at Guwahati. The agency is empowered to deal with terror related crimes across states without special permission from the states.

The National Investigation Agency Bill 2008 to create the agency was moved in Parliament by Union Home Minister on 16 December 2008. NIA was created after the Nov 2008 Mumbai terror attacks as need for a central agency to combat terrorism was realised. Some of the law references utilised by NIA, in addition to Indian Penal Code, include the following:
* National Investigation Act, 2008
* The Anti-Hijacking Act, 1982 (65 of 1982) o The Atomic Energy Act 1962 (33 of 1962)
* The SAARC Convention on (Suppression of Terrorism) Act 1993 (36 of 1993)
* The Suppression of Unlawful Acts Against Safety of Civil Aviation Act, 1982
* The Unlawful Activities (Prevention) Act, 1967 (37 of 1967)
* The Weapons of Mass Destruction and Their Delivery Systems

Chairman Meghen has been booked by a Special Court of NIA under the Indian Penal Code (IPC) as well as Unwanted Activities Prevention Act (UAPA).

He's been charged under four sections (sections 121, 121A, 120B and 123) of IPC to be read along with five different sections (13, 16, 18, 39 and 40) of the UAPA. Sections 121, 121A and 123 under IPC are related with offences against the Indian state, specifically waging war against the Government of India. Chargesheet under Indian Penal Code: Section 121 of IPC relates with waging war, or abetting waging of war, against the Government of India.

It states, "Whoever, wages war against the Government of India, or attempts to wage such war, or abets the waging of such war, shall be punished with death, or punishment for life and shall also be liable to fine". Essential ingredients of the section include that a person,

(a) wages war against the Government of India, or
(b) attempts to wage war against the Government of India, or
(c) abets the waging of war against the Government of India

The offence under section 121 is cognizable, non-bailable, non-compoundable and triable by Court of Session Scope of the section is quite wide. It states, "Section 121 not only the principal offence (waging war) but also attempt and abetment. Here it is wider than the common law, offence of treason or misprision of treason".

Section 121A of IPC is related conspiracy to commit offences punishable by section 121. it states, "Whoever, within or outside India conspire to commit any of the offences punishable by Section 121, or conspires to overawe, by means of criminal force or the show of criminal force, the Central Government or any State Government, shall be punished with imprisonment for life or with imprisonment of other description which may extend to ten years, and shall also be liable to fine".

Under this section, the term "to constitute a conspiracy", it is not necessary that any act or illegal omission shall take place in pursuance thereof. The offence under section 121A is cognizable, non-bailable, non-compoundable and triable by Court of Session. Section 120(B) of IPC relates with punishment of criminal conspiracy. It states:

(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.

(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both. Section 123 of IPC relates with concealing with intent to facilitate design to wage war.

It states, "Whoever by any act, or by any illegal omission conceals the existence of a design to wage war against the Government of India, intending by such concealment to facilitate, or knowing it to be likely that such concealment will facilitate, the waging of such war, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall be liable to fine". The offence under section 123 is cognizable, non-bailable, non-compoundable and triable by Court of Session.

Chargesheet under Unlawful Activities Prevention Act: The UAPA, intended to deal with terrorism, was amended in 2008 following the November 2008 terrorist attacks in Mumbai. According to the Government of India, the December 2008 amendments balance the need to fight terrorism with the need to protect civil liberties. The amended Act borrows provisions from various (previous) anti-terror laws. Section 13 of UAPA relates with punishment for unlawful activities. It states:

(1) Whoever (a) takes part in or commits, or (b) advocates, abets, advises or incites the Commission of, any unlawful activity, shall be punishable with imprisonment for a term which may extend to seven years, and shall also be liable to fine

(2) Whoever, in any way, assists any unlawful activity of any association, declared unlawful under section 3 (of UAPA), after the notification by which it has been so declared has become effective under subsection (3) of that section, shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both.

(3) Nothing in this section shall apply to any treaty, agreement or convention entered into between the Government of India and the Government of any other country or to any negotiations therefore carried on by any person authorized in this behalf by the Government of India.

Section 16 of UAPA relates with bar of jurisdiction. It states,
"Save as otherwise expressly provided in this Act, no proceeding taken under this Act by the Central Government or the District Magistrate or any officer authorized in this behalf by the Central Government or the District Magistrate shall be called in question in any court in any suit or application or by way of appeal or revision, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act".

Section 18 of UAPA relates protection of action taken in good faith. It states:
(1) No suit or other legal proceeding shall lie against the Government in respect of any loss or damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any rules or orders made there-under.

(2) No suit, prosecution or other legal proceeding shall lie against the District Magistrate or any officer authorized in this behalf by the Government or the District Magistrate in respect of anything which is in good faith done or intended to be done in pursuance of this Act or any rules or orders made thereunder.

Section 39 of UAPA relates with punishment for supporting terrorist organisations. It states:
(1) A person commits the offence relating to support given to a terrorist organisation,-
(a) who, with intention to further the activity of a terrorist organisation,-
(i) invites support for the terrorist organisation, and
(ii) the support is not or is not restricted to provide money or other property within the meaning of section 40; or
(b) who, with intention to further the activity of a terrorist organisation, arranges, manages or assists in arranging or managing a meeting which he knows is-
(i) to support the terrorist organisation, or
(ii) to further the activity of the terrorist organisation, or
(iii) to be addressed by a person who associates or professes to be associated with the terrorist organisation; or
(c) who, with intention to further the activity of a terrorist organisation, addresses a meeting for the purpose of encouraging support for the terrorist organisation or to further its activity.

(2) A person, who commits the offence relating to support given to a terrorist organisation under sub-section (1), shall be punishable with imprisonment for a term not exceeding ten years, or with fine, or with both. Offence relating to support given to a terrorist organisation.

Section 40 of UAPA is related offence of raising fund for a terrorist organisation. It states:
(1) A person commits the offence of raising fund for a terrorist organisation, who, with intention to further the activity of a terrorist organisation,-
(a) invites another person to provide money or other property, and intends that it should be used, or has reasonable cause to suspect that it might be used, for the purposes of terrorism; or
(b) receives money or other property, and intends that it should be used, or has reasonable cause to suspect that it might be used, for the purposes of terrorism; or
(c) provides money or other property, and knows, or has reasonable cause to suspect, that it would or might be used for the purposes of terrorism. (For the purposes of this sub-section, a reference to provide money or other property includes of its being given, lent or otherwise made available, whether or not for consideration.)

(2) A person, who commits the offence of raising fund for a terrorist organisation under sub-section (1), shall be punishable with imprisonment for a term not exceeding fourteen years, or with fine, or with both. Issue of Self Determination Against the charges leveled against him, Chairman Meghen's reply was that he has been fighting for self determination.

Now the question is, will not India look for other options other than the legal. Political leaders of Manipur as well as India have been crying hoarse that the armed opposition groups of Manipur do not have any public sympathy or support.

Moreover, the outfits are blamed as extortionists and robbers. Then, why not a plebiscite be conducted (as UNLF has been demanding) to decide whether people of Manipur wants to live within the Indian Union or not? India needs a clarification on the issue of self determination.




* Yenning (a regular columnist for The Sangai Express) wrote this for The Sangai Express
The writer can be reached at yenning05(at)rocketmail(dot)com or visit hoipolloiandmundanity.blogspot.com
This article was webcasted on December 26 2010.


* Comments posted by users in this discussion thread and other parts of this site are opinions of the individuals posting them (whose user ID is displayed alongside) and not the views of e-pao.net. We strongly recommend that users exercise responsibility, sensitivity and caution over language while writing your opinions which will be seen and read by other users. Please read a complete Guideline on using comments on this website.




LATEST IN E-PAO.NET
  • Film : Is it a medium or an art form? #2
  • COVID-19 Status 03 Mar : Govt of Manipur
  • Emergency Meeting of AMWJU : 04 March
  • Golden Jubilee of Manipuri Cinema
  • Impact of Climate Change in Agriculture
  • Paradigm shift in role of public sector
  • COVID-19 : Impact in Manipur :: News Timeline
  • The God Lainingthou Thangching Koylellai
  • COVID-19 Status 02 Mar : Govt of Manipur
  • When all goes wrong
  • Are we failing children in the HIV response?
  • Counter-cyclical fiscal policy
  • Where will ST demand stand in next election?
  • Ningtham Kummei: Dance Drama #1: Gallery
  • COVID-19 Status 01 Mar : Govt of Manipur
  • Wungreikhan, Chao Shang Un: eMing
  • Empowered teachers for local efficiency
  • First step towards regulation of social media
  • Of resignation dramas & disqualifications
  • Today's Manipur as reflected in media
  • Bongbal Kholen, Kpi District #1: Gallery
  • COVID-19 Status 28 Feb : Govt of Manipur
  • Totem of natives of North East India #1
  • 5 days with Bhaktisvarupa Damodara Swami
  • National Science Day 2021 at Lilong
  • Themes & objectives in National Science Day
  • More teeth to war against drugs
  • Mayang Imphal Keithel #2: Gallery
  • COVID-19 Status 27 Feb : Govt of Manipur
  • Manipur COVID Vaccination Report : 26 Feb
  • March Calendar for Year 2021 : Tools
  • Road from Imphal to Yangkhullen #2: Gallery
  • Best Panel Lawyer, Best DLSA in Manipur
  • Sustainable Agriculture: Key to Food Security
  • Film : Is it a medium or an art form? #1
  • COVID-19 Status 26 Feb : Govt of Manipur
  • Buyer Seller Meet @ Hotel Imphal: Gallery
  • Job @ Makok Technologies, Keinou
  • Should Meetei belong to Minority or ST #2
  • Colour your hair, limit the damage
  • Medical camp at Lamlaba Village, Tamenglong
  • Japan Lan: Life In Kangla Sangomshang
  • COVID-19 Status 25 Feb : Govt of Manipur
  • AMWJU Meeting : Resolutions [Feb 25]
  • Positions @ KIIT-Tech Business Incubator
  • 'Seeding Gampreneurs' transforming villages
  • Orchidarium at IBSD Shillong is reopened
  • Cracking down on 'errant' teachers
  • Chadong Village/Chadong Lake #1: Gallery
  • COVID-19 Status 24 Feb : Govt of Manipur
  • Folktales of Mao Maram & Poumai : Gallery
  • Guwahati Session : World Meetei Convention
  • HIV science has advanced but ...
  • I will rise :: Poem
  • Not the time to let the guards down
  • Journalism is not everybody's cup of tea
  • Foot bridges in Imphal #2 : Gallery
  • COVID-19 Status 23 Feb : Govt of Manipur
  • AIFF recognised Andro Girls Team : Gallery
  • Relief @ Songlung, Kangpokpi : Gallery
  • Lecture on medicinal plants at IBSD
  • Jobs @ Neopath Technologies, Imphal
  • Students on the protest path
  • Ignoring the core issues
  • My memories of Imphal from 1941 #18
  • COVID-19 Status 22 Feb : Govt of Manipur
  • Implementation: Climate Change : Gallery
  • KAPU Meet: Tribute to Late Benny Khongsai
  • Career options in beauty industry
  • Meet on capacity building on energy efficiency
  • Need to establish cause of death
  • Don't break the bone
  • Shirui Lily Festival 2019 #2 : Gallery
  • COVID-19 Status 21 Feb : Govt of Manipur
  • Nakamh-Riangsuanneic - Folklore Film Fest
  • Should Meetei belong to Minority or ST #1
  • Aspergilloma of lung
  • From wetlands to dry lands
  • Ipudhou Pakhangba Puruksoubi #2 : Gallery
  • COVID-19 Status 20 Feb : Govt of Manipur
  • Sit-in-protest against bomb threat : Gallery
  • Young Generation and Modernization
  • The Mansion :: Poem
  • Netaji's DNA & INA Moirang
  • Demonstration demanding to cut Price Hike
  • 'Condemn hurling grenade at Governor'
  • Fulfilling the long cherish dream
  • Churachandpur Profile
  • Eyek Tamba :: Learn the Manipuri script
  • COVID-19 Status 19 Feb : Govt of Manipur
  • Paoyi villagers with CM : Gallery
  • Predicament of Journalists & Media Houses
  • A day of stardom for Thoiba Singh at Seoul
  • Lay off hands on the media
  • Smiles of the Emas
  • Cherry Blossom at Mao #2 : Gallery
  • COVID-19 Status 18 Feb : Govt of Manipur
  • Basak: A dying art form
  • World War II, INA & Manipuri Literature #2
  • Meeting of AMWJU : Resolutions [Feb 18]
  • CM & Governor urged to cut down price hike
  • Union Minister for Social Justice meet CM
  • Seram Neken joins Congress party
  • Snowfall at Shirui, Ukhrul #2 : Gallery
  • COVID-19 Status 17 Feb : Govt of Manipur
  • Meitei-Pong Relations & Conquest of Khampat
  • Dying of Yongchak: declare National Disaster
  • Protection of tribal land in Manipur #2
  • Is policing pandemics different... ?
  • Home remedies for winter hair problems
  • Facets of human trafficking in Manipur
  • COVID-19 Status 16 Feb : Govt of Manipur
  • Road from Imphal to Yangkhullen #1: Gallery
  • Understand prerequisits for ST tag
  • When all goes wrong
  • Centre Head @ JCRE School of Hospitality
  • Khamba Thoibi Jagoi #2 : Gallery
  • COVID-19 Status 15 Feb : Govt of Manipur
  • Re-Opening of Ima Keithel : Gallery
  • Emergency Meeting AMWJU: Resolutions
  • ICERME-2021: Intl Conference on SDG-7
  • Law in Motion : Basics of Law
  • Discussion on Koubru Chinggoirol #2
  • COVID-19 Status 14 Feb : Govt of Manipur
  • COVID-19 Status 13 Feb : Govt of Manipur
  • Lui-Ngai-Ni - Naga Seed Sowing Festival
  • Wung-Hao of Tangkhul & Chinese Counterpart
  • World War II, INA & Manipuri Literature #1
  • 3rd Jump Rope Championship : Result
  • My memories of Imphal from 1941 #17
  • Book: Manipur-Myanmar connections: Gallery
  • Mushroom training at Tentha Heibung
  • Workshop on GeoGebra at IISER Bhopal
  • Indian Women & Maths annual conference
  • Walking through final lap of my life :: Poem
  • Can BJP strategy win in Tamil Nadu ?
  • Granting minority status to Meitei
  • Snowfall at Shirui, Ukhrul #1 : Gallery
  • Shanti Thokchom's Life Experiences #44
  • Inspection at Kangla & Cheiraoching : Gallery
  • Protection of tribal land in Manipur #1
  • Oxford and Aatmanirbharta
  • Education in Mother Tongue will strengthen
  • Impressive shows from young MLAs
  • If it is for the people...
  • Ipudhou Pakhangba Puruksoubi #1 : Gallery
  • COVID-19 Status 11 Feb : Govt of Manipur
  • Relief at Yangkhullen, Senapati: Gallery
  • Restored Wetland : Yaralpat
  • Appeal: WG to monitor crime against women
  • Distress Relief at Yangkhullen, Senapati
  • Sensitization on constitutional obligation
  • ST demand for the Meiteis
  • Democratisation of Education
  • Licypriya in 'Forbes 30 Under 30' List 2021
  • COVID-19 Status 10 Feb : Govt of Manipur
  • Sushila, Indubala selected for Asian Judo
  • RIST Talk 48 : Microplastic is everywhere
  • Productivity revolution of farmers in Manipur
  • NEC Secretary meeting with CM Manipur
  • Valentine's Day beauty tips
  • College teachers on strike!
  • Are you fooling people of Manipur Mr FM
  • RK Jhalajit's contribution in historiography
  • COVID-19 Status 09 Feb : Govt of Manipur
  • Keibul Lamjao: today in deplorable state
  • Nadda's hailing 'War On Drugs' Campaign
  • Sachi Gurumayum called on CM
  • She really can be trusted for fiscal prudence
  • Child Marriage: Stigma for a civilized society
  • Fate of hostellers
  • Ema Gi Wari by Imphal Talkies : Review
  • COVID-19 Status 08 Feb : Govt of Manipur
  • Projects Inauguration - Tamenglong: Gallery
  • Budget: Perspective on Gender Budget
  • NPF meeting with NSCN (K-Niki)
  • Mushroom training program at Nagamapal
  • Solace me, chap ! :: Poem
  • Active cases below 3 figure mark
  • Mother Nature is still unhappy
  • Discussion on Koubru Chinggoirol #1
  • COVID-19 Status 07 Feb : Govt of Manipur
  • Packaged Organic Product launch : Gallery
  • Naga American announces Scholarship
  • Prize distribution for 9th MANIFA held
  • Range of options to prevent HIV is key
  • Paoyi village setting an example
  • Churachand Maharajgi Imung : Gallery
  • COVID-19 Status 06 Feb : Govt of Manipur
  • Churachand Maharajgi Imung published
  • Grab the given opportunities
  • A poet :: Poem
  • Supports farmers' movement call
  • Gaan-Ngai @ Iboyaima Shanglen #3 : Gallery
  • COVID-19 Status 05 Feb : Govt of Manipur
  • Financing burden of lifestyle diseases in NE
  • A budget that lays foundation for growth
  • Sports & Physical Fitness as career choice
  • Volunteers' Meet at Irong Bazar
  • Limping towards the New Normal
  • Is India prepared for Chinese aggression?
  • Re-openning of schools #2 : Gallery
  • COVID-19 Status 04 Feb : Govt of Manipur
  • Is Compulsive Shopping a Mental Disorder ?
  • Ex-Tempore Competition at Lilong
  • My hundred deaths :: Poem
  • Fragile - Handle with care !
  • Stand off over taxi, auto fares
  • Restructuring the society without disparities
  • My memories of Imphal from 1941 #16
  • The ring has finally arrived!
  • Study of growing traffic congestion in Imphal
  • World Wetlands Day 2021
  • Bringing Equality for Women in Armed Forces
  • Ima Keithels: Closed since March 21
  • Imoinu Erat Thouni @ Imphal #2 : Gallery
  • COVID-19 Status 02 Feb : Govt of Manipur
  • Understanding panic disorder
  • Life, It is ! :: Poem
  • A pinch of blessing with a tonne of a curse
  • COVID-19 combine to clobber MSME sector
  • Single digit spike of just 4 in last 24 hrs
  • Impact in India after coup in Myanmar
  • Remembering Kuki singer Benny Khongsai
  • Was Netaji really in Manipur ?
  • Environmental impacts of COVID-19 pandemic
  • Memo to CM concerning transportation
  • Fertilization in cultivation of broccoli
  • Need to stop meddling with nature
  • Learning to live with changing time
  • Gaan-Ngai @ Iboyaima Shanglen #2 : Gallery
  • COVID-19 Status 31 Jan : Govt of Manipur
  • Helicopter Service in Manipur
  • Pray for 2021 to be peaceful
  • Dwell in me - Oh ! human :: Poem
  • Adverse impact of rampant use of plastic
  • Studying prospects ahead of 2022
  • Re-openning of schools #1 : Gallery
  • Edu'treat 2021 in Ukhrul concluded
  • Exhibition @ Fine Arts, MU #1 : Gallery
  • Gaan-Ngai @ Iboyaima Shanglen #1 : Gallery
  • Imoinu Erat Thouni @ Imphal #1 : Gallery
  • Food items @ Waithou Keithel #2 : Gallery
  • Narcotic Drugs disposal @Lamlai #2 : Gallery
  • Prison Diary of Lamyanba NK Sanajaoba
  • Nine Hills, One Valley : Special Film award
  • Naga Peace Process :: News Timeline
  • COVID-19 vaccination [Jan 16] #2 : Gallery
  • COVID-19 vaccination [Jan 16] #1 : Gallery
  • Day light Thabal Chongba #3 : Gallery
  • Downloadable Manipuri Calendar :: 2021
  • Featured Front Page Photo 2020 #6: Gallery
  • Sory Wahengbam - Actress Gallery :: eRang
  • 'Zehara' - Manipuri Movie :: eRang Classic
  • SPONSORED ADS