THOKCHOM SHYAMJAI SINGH & ORS. vs UNION OF INDIA THROUGH HOME SECRETARY & ORS.

Judgment text excerpt

$~J- * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 20th February, 2025 + W.P.(CRL) 1929/2024 & CRL.M.A. 18784/2024 THOKCHOM SHYAMJAI SINGH & ORS. .....Petitioners Through: Mr. Siddhartha Borgohain, Mr. Aditya Giri and Mr. Hemant Kalra, Advocates. versus UNION OF INDIA THROUGH HOME SECRETARY & ORS. .....Respondents Through: Mr. Amit Tiwari, CGSC with Mr. Vedansh Anand, G.P., Ms. Chetanya Puri, Mr. A. Tanwar, Mr. Rahul Bhaskar and Mr. Soumyadip Chakraborty, Advocates for UOI. Mr. Rahul Tyagi, SPP with Mr. Sangeet Sibou, Mr. Jatin, Mr. Mathew M. Philip, Ms. Priya Rai and Mr. Abhishek Tomar, Advocates with DSP Neeraj Mishra, CIO for NIA. CORAM: HON’BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI J U D G M E N T ANUP JAIRAM BHAMBHANI J. Does the constitutional mandate of serving grounds of arrest in writing to an arrestee under the Unlawful Activities (Prevention) Act, 1967 („UAPA‟) come into effect from the date of the Supreme Court Signature Not Verified Signed By:ANJALI KAUSHIK Signing Date:20.02.2025 14:37:25 W.P.(CRL) 1929/2024 Page 1 of 28 verdict in Pankaj Bansal vs. Union of India & Ors. 1 or in Prabir Purkayastha vs. State (NCT of Delhi)2 ? That is the question that presents itself for decision in the present matter. PETITIONERS’ CHALLENGE 2. By way of the present petition filed under Article 226 read with Article 227 of the Constitution, the petitioners, who are ordinarily residents of the State of Manipur, seek to challenge their arrest by the respondent No.2/National Investigation Agency („NIA‟) on 13.03.2024 in case FIR No. RC-23/2023/NIA/DLI dated 19.07.2023 registered under sections 120-B/121-A/122 of the Indian Penal Code, 1860 („IPC‟) and sections 18/18-B/39 of the UAPA at P.S.: NIA, New Delhi. 3. The petitioners also challenge remand order dated 14.03.2