charge sheet no. 01/17 25-01-2017 - national...
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CHARGESHEET: NIA CASE NO. RC-01/2016/NIA-GUW Page 1
CHARGE SHEET
(Under Section 173 Cr. PC)
IN THE COURT OF SPECIAL JUDGE, NIA, NAGALAND, DIMAPUR
1
Name of the Branch NIA Branch Office, Guwahati
FIR No year and date RC-01/2016/NIA-GUW,
Dated 18-08-2016
2 Final Report/Charge Sheet
No. CHARGE SHEET No. 01/17
3 Date 25-01-2017
4 Sections of Law
Section 384 of IPC, sections 25 (1B) of
Arms Act, Sections 7 and 8 of NSR, Sec
13 of Drugs and cosmetics Act and
sections 10 & 13 of UA (P) Act .
5 Type of Final Report Charge sheet
6
If Final Report Un-occurred/
false/ Mistake of
fact/Mistake of law/Non-
Cognizable /Civil Nature
Not Applicable
7 If Charge-sheeted: Original /
Supplementary Original
8
Name of Investigating Officer
Jasveer Singh, Dy. Superintendent of
Police, NIA Branch office, Guwahati
CHARGESHEET: NIA CASE NO. RC-01/2016/NIA-GUW Page 2
9 Name of the Complainant/
Informant
Major Ghanshyam, 3 NH, Assam Rifles,
Kohima, Nagaland
10
Details of Properties
/Articles/ Documents
recovered/seized during the
investigation and relied upon
XXXXXXXXXX
11. Particulars of accused person charge sheeted:
Khetoshe @ Sahevi Khetoshe Sumi @ S.K Assumi @ S.Khetoshe
Sumi @ Ikhemu @ H.K Assumi
(A-1)
Name Khetoshe @ Sahevi Khetoshe Sumi
@ S.K Assumi @ S.Khetoshe Sumi @
Ikhemu @ H.K Assumi
(hereinafter referred as A-1)
Whether verified Yes
Father’s Name Sh. Sahevi
Year/Date of Birth 12/02/1974
Sex Male
Nationality Indian
Passport No. NA
Place of issue NA
Date of issue NA
Religion Christian
Occupation He was an active member of NSCN(K)
which is an anti-talk faction of NSCN, a
proscribed terrorist organization under
UA (P) Act, and was appointed as
Finance In charge of Kohima by
CHARGESHEET: NIA CASE NO. RC-01/2016/NIA-GUW Page 3
NSCN(K). He was involved in large scale
extortion from individuals and
organizations including government
officials for NSCN(K) organization to
affect the security and integrity of
India.
Address (Present/ Permanent) He was presently residing at Y.Zhimo
Colony, Signal Basti, Dimapur,
Nagaland
Whether verified Yes
Provisional Criminal No. NA
Regular Criminal No. (if known) NA
Date of Arrest 01.08.2016
Date of release on bail NA
Under Acts & Sections (of charge sheet) Sections 120B and 384 of IPC, Sec 25
(1A) and Sec 25 (1B) of Arms Act, and
Sections 17, 20, 38 and 40 of UA (P)
Act.
Name(s) of bailer / sureties and address NA
Previous convictions with case
reference
NA
Status of the accused Arrested on 01/08/2016 and presently
in Judicial custody at Central Jail,
Dimapur, Nagaland
Victo Swu @ V.K Sumi @ V.Sumi @ Z.Victo Swu @ Akuto @
V.Assumi
(A-2)
Name Victo Swu @ V.K Sumi @ V.Sumi @
Z.Victo Swu @ Akuto @ V.Assumi
CHARGESHEET: NIA CASE NO. RC-01/2016/NIA-GUW Page 4
(hereinafter referred as A-2)
Whether verified Yes
Father’s Name Sh Zhuhevi Swu
Year/Date of Birth 15-05-1980
Sex Male
Nationality Indian
Passport No. NA
Place of issue NA
Date of issue NA
Religion Christian
Occupation He was an active member of NSCN(K)
which is an anti-talk faction of NSCN, a
proscribed terrorist organization under
UA (P) Act, and was involved in large
scale extortion from government officials,
businessmen for NSCN(K) organization to
affect the security and integrity of India.
Address (Present/ Permanent) Resident of H.no- 24, Jail Colony, P.S-
Kohima South, Kohima, Nagaland.
Whether verified Yes
Provisional Criminal No. NA
Regular Criminal No. (if known) NA
Date of Arrest 28.09.2016
Date of release on bail 08-12-2016
Under Acts & Sections (of charge sheet) Sections 120B and 384 of IPC, and
Sections 17, 20, 38 and 40 of Unlawful
Activities (Prevention) Act, 1967
Name(s) of bailer / sureties and address Smt Aloni G.Awomi d/o Ghokheto Awomi
CHARGESHEET: NIA CASE NO. RC-01/2016/NIA-GUW Page 5
r/o Village- Surumi, P.S – Suruhuto ,
Distt. Zunheboto, Nagaland
Present add :- H.no- 35, Valley view
Colony, Dimapur, Nagaland.
Previous convictions with case
reference
NA
Status of the accused Arrested on 28-09-2016 and presently on
bail w.e f 08/12/2016 .
Isak Sumi @ Isac Sumi @ Isac Sema (A-3)
Name Isak Sumi @ Isac Sumi @ Isac Sema (hereinafter referred as A-3)
Whether verified Yes
Father’s Name Sh. Hevito Chishi
Year/Date of Birth 22 Oct 1978
Sex Male
Nationality Indian
Passport No. NA
Place of issue NA
Date of issue NA
Religion Christian
Occupation He is the SS Finance Administrator of
NSCN(K) which is an anti-talk faction of
NSCN, a proscribed terrorist
organization under UA (P) Act and
holding the rank of SS Brigadier. He
in-tandem with other cadres of NSCN(K)
had conspired, planned and funded the
CHARGESHEET: NIA CASE NO. RC-01/2016/NIA-GUW Page 6
NSCN(K) cadres for illegal extortion and
tax collection for NSCN(K)., with the
intention to affect the integrity and
security of the Govt. of India.
Address (Present/ Permanent) Resident of Village Hoshepu, Agunato
Sub Division, Zunheboto, Nagaland
Provisional Criminal No. NA
Regular Criminal No. (if known) NA
Date of Arrest Absconding
Date of release on bail NA
Under Acts & Sections (of charge sheet) Sections 120B & 384 of IPC, and
Sections 17, 20, 38 and 40 of Unlawful
Activities (Prevention) Act, 1967 as
amended.
Name(s) of bailer / sureties and address NA
Previous convictions with case
reference
NA
Status of the accused Absconding
12. Particulars of accused persons not charge sheeted: Nil
13. (i) Particulars of witnesses examined : XXXXXXXXXX
(ii) List of documents : XXXXXXXXXX
(iii) List of material objects : XXXXXXXXXX
14. If FIR is false, action taken : Not false, allegations in the FIR are true
15. Result of laboratory analysis : As mentioned in Para 17
16. Brief facts of the case:
16.1 The instant case was originally registered as F.I.R No. 0090/16 dated
01.08.2016 at Sub Urban Police Station, Dimapur, Nagaland under section 384
CHARGESHEET: NIA CASE NO. RC-01/2016/NIA-GUW Page 7
of Indian Penal Code, section 25(1)(B) of Arms Act, Sections 10 & 13 of UA(P) Act,
Sections 7 and 8 of NSR and Section 13 of Drugs and cosmetics Act. The
complainant Major Ghanshyam of 3 NH, Assam Rifles, Kohima reported that a
special operation was launched by Assam Rifles on 30 July 2016 to apprehend
one NSCN(K) cadre who was self-styled Finance In charge of NSCN(K) and was
responsible for extortion of money from the civil population in Kohima and
Dimapur. He was apprehended at 0445 hrs on 31 July 2016 from Signal Basti,
Dimapur along with many incriminating documents related to extortion, tax
collection, ammunitions and drugs capsules. He was handed over to Sub Urban
P.S, Dimapur and was formally arrested by the said police station on 01-08-
2016.
16.2 Subsequently, in compliance of Ministry of Home Affairs, Government of India
Order No. 11011/23/2016-IS. IV dated 17th August 2016, The Government of
India, suo-moto directed the National Investigation Agency (N.I.A.) to take up
the investigation of aforementioned case. Accordingly, this case was re-
registered vide RC-01/2016/NIA/GUW on 18.08.2016 under section 384 of
Indian Penal Code, section 25(1)(B) of Arms Act, Sections 10 & 13 of UA(P) Act,
Sections 7 and 8 of Nagaland Security Regulation Act 1962 (NSR) and Section 13
of Drugs and cosmetics Act. During the course of investigation, sections 17 and
20 of UA(P) Act were added with the permission of this Hon’ble court.
16.3 Two accused persons namely, Khetoshe @ Sahevi Khetoshe Sumi @ S.K Assumi
@ S.Khetoshe Sumi @ Ikhemu @ H.K Assumi (A-1) son of Sh. Sahevi resident of
Y.Zhimo Colony, Signal Basti, Dimapur, Nagaland was apprehended by Assam
Rifles on 31-07-16 and was handed over to Nagaland Police on 01-08-2016 at
Sub Urban P.S Dimapur and formally arrested by Sub Urban Police Station on
01-08-2016 and another active cadre of NSCN(K) namely V.K Sumi @ V.Sumi @
Z.Victo Swu @ Akuto @ V Assumi (A-2) son of Sh.Zhuhevi Swu resident of H.no-
24, Jail Colony, P.S- Kohima South, Kohima, Nagaland was arrested on 28-09-
2016 from Kohima by the NIA in the instant case. Accused Khetoshe is in
Judicial Custody and presently lodged at Central Jail, Dimapur and accused
Victo Swu is on bail as per the orders of this Hon’ble court.
17 Facts Disclosed During Investigation:
17.1 The instant case was registered against the cadres and sympathizers of
proscribed terrorist organization i.e. National Socialist Council of Nagaland
(Khaplang), herein after referred to as NSCN(K) which is involved in criminal
CHARGESHEET: NIA CASE NO. RC-01/2016/NIA-GUW Page 8
conspiracy by indulging in illegal tax collection, thereby threatening the unity,
integrity and security of Union of India.
The National Socialist Council of Nagaland (Khaplang), is declared as a
proscribed terrorist organisation as per the Schedule of Unlawful Activities
(Prevention) Act 1967, and mentioned in Serial No. 39 of the first Schedule of
the aforementioned Act.
During the course of investigation, it is revealed that the NSCN(K) faction is
headed by S.S Khaplang who is SS Interim President of NSCN(K). The
Nationalist Socialist Council of Nagaland (NSCN) is a Naga Military organization
operating in Northeast India. The main aim of the organization is to establish a
sovereign state, "Nagalim" unifying all the areas inhabited by the Naga people in
Northeast India (Nagaland, Arunachal Pradesh, Manipur and Assam) and
Myanmar. NSCN was formed on 31st January 1980 by Isak Chishi Swu,
Thuingaleng Muivah and S S Khaplang opposing the Shillong accord signed by
the then Naga National Council (NNC) with the GOI. They formed a
Government-in-exile called, "The Government of People Republic of Nagaland
(Nagalim) or GPRN. Later, a disagreement surfaced within the outfit leaders
over the issue of commencing dialogue with the Indian Government.
On 30 April 1988, the NSCN split into two factions; the NSCN-K led by S S
Khaplang, and the NSCN-IM, led by Isak Chishi Swu and Thuingaleng Muivah.
The first cease-fire pact between NSCN (K) and GOI took place in the year 2002.
An annual agreement between the two parties kept extended and the last cease
fire was valid till 27th April 2015. However, the attack on personnel of Assam
Rifles on 26th March at Kohima was marked as abrogation of the cease-fire. In
the last decade it has emerged and engaged as one of the most vigorous and
dreaded terrorist groups among all the other UGs operating in the State of
Nagaland which has its base as one of the terrorist groups in unabated
terrorists’ acts against the sovereignty, unity and integrity of India.
17.2 During investigation it has been established that, the accused persons
namely, Khetoshe @ Sahevi Khetoshe Sumi @ S.K Assumi @ S.Khetoshe Sumi
@ Ikhemu @ H.K Assumi (A-1) and V.K Sumi @ V.Sumi @ Z.Victo Swu @ Akuto
@ V Assumi (A-2) were involved along with other co-accused person i.e Isac
Sumi @ Isak Sumi @ Isak Sema (A-3) of NSCN(K) and other accused persons in
the illegal tax collection and extortion from government offices , individuals and
business persons with an intent to support the NSCN(K) organization in its
illegal and anti-national activities.
CHARGESHEET: NIA CASE NO. RC-01/2016/NIA-GUW Page 9
17.3 Investigation has established that, the aforesaid accused persons namely, A-1,
A-2 and A-3 are the members of proscribed terrorist organization NSCN(K), as
the same has been established from the documents which were recovered and
seized from their houses, government offices etc.
17.4 During the course of the investigation it has been established that, the specific
part of the larger conspiracy relating to the instant crime was hatched by
accused A-1 and A-2 of NSCN (K), on the instructions of the A-3. During the
course of investigation, the existence and subsequent execution of this
conspiracy has been established through the Lawful interception of Mobile
number being used by the above mentioned accused persons A large number of
interceptions of mobile phone conversations among the above mentioned
accused persons proves that all the aforesaid accused persons conspired with
the other co-accused persons for illegal taxation from government offices at
Nagaland and individuals etc. for supporting the anti-national activities of
NSCN(K). The interceptions contain irrefutable evidence that A-3 orders other
field cadres including A-1 for committing the terrorist act by the way of illegal
tax collection for NSCN(K) organization.
17.5 Investigation has established that in pursuance of criminal conspiracy for
illegal tax collection, accused A-1. A-2 and A-3 had used Mobile numbers with
fake names by producing various forged documents and used the said Mobile
numbers for conspiracy of committing the offence in the instant case.
Therefore, it is well established that, accused A-1, A-2 and A-3 had obtained
Mobile numbers by producing forged documents as genuine in order to escape
from the law enforcement agencies.
17.6 Investigation has established that the mobile number used by A-3 was lawfully
intercepted by Technical Surveillance Unit, NIA HQ, New Delhi as authorized by
Home Secretary to the Government of India, New Delhi. An analysis of the
CDRs of the aforesaid Mobile numbers corroborates the conspiracy of illegal tax
collection of huge amounts done by them. The recorded lawful telephonic
conversations not only provide a graphic account of pre-meditated plan but also
confirms their resolve to achieve their targets as directed and well planned.
17.7 Investigation has established that accused (A-1) had worked as Finance Officer
for Kohima duly appointed by the chaplee ministry, NSCN(K) as the same was
established through an email which was sent by A-3 to all the editors of
newspapers in Nagaland for publishing the same in their newspapers but in
place of S.K Assumi it was printed as H.K Assumi. The same was informed by
CHARGESHEET: NIA CASE NO. RC-01/2016/NIA-GUW Page 10
A-3 to A-1 that the government departments will be informed about the same.
The said conversation was recorded in the lawful interception of mobile no.
used by A-3.
17.8 Investigation has established that accused A-1 and A-2 had extorted money
from the government officials at Nagaland as the same was established through
photo identification memo in which the government officials had identified the
arrested accused persons A-1 and A-2 to whom they had paid large amount of
money out of government funds.
17.9 Investigation has established the conspiratorial angle of this crime from variety
of sources. There was pre-meditation, common intention, meeting of minds
before committing the offence, preparation for the illegal tax collection, hiding of
ammunitions which were later recovered and seized from accused A-1.
17.10 Investigation has established that the seizure of incriminating documents
related to NSCN(K) and illegal tax collection seized during the searches of the
houses of accused A-1 and A-2 and the documents produced by government
officials further established the active role of accused A-1, A-2 and other co-
accused A-3 of NSCN(K) in the instant crime.
17.11 Investigation has established that the large scale illegal tax collection from
government offices was a well thought act of the present accused persons which
involved detailed conspiracy, planning and execution with an intention to
threaten the unity, integrity, and security of India.
17.12 During investigation, oral evidences in the form of witnesses, documentary
evidences, material evidences and technical evidence also established the
complicity of accused A-1, A-2 and A-3 of NSCN(K) in the instant crime.
17.13 During the course of investigation on 18-01-2017, many incriminating
documents related to illegal tax collection were seized from various government
offices at Kohima, Nagaland which clearly proves the involvement of the above
mentioned accused persons, absconding accused person/s in connivance with
government officials in the instant case. These documents will be submitted
later on in the instant case as the same are required to be sent to CFSL for
forensic analysis in the interest of case.
17.14 Thus, the Investigation establishes the prima facie prosecutable case against
the accused persons namely, Khetoshe @ Sahevi Khetoshe Sumi @ S.K Assumi
@ S.Khetoshe Sumi @ Ikhemu @ H.K Assumi (A-1) , V.K Sumi @ V.Sumi @
Z.Victo Swu @ Akuto @ V. Assumi (A-2) and Isak Sumi @ Isac Sumi @ Isak
CHARGESHEET: NIA CASE NO. RC-01/2016/NIA-GUW Page 11
Sema ( A-3) under the penal provisions of IPC, UA(P) Act and Arms Act, who
had raised funds for a terrorist organization for committing a terrorist act
through illegal tax collection and extorted money from government offices to
support the banned organization NSCN(K) in anti-national activities.
17.15 Thus, the Investigation in respect of other accused persons and also who are
presently absconding in the instant case could not be completed at this stage of
investigation. Therefore, further investigation needs to be continued in the
instant case u/s 173(8) of Cr.P.C to ascertain and adduce more evidences
against the above said accused persons and also to arrest and prosecute the
other accused persons in the instant case.
18 CHARGE :
Accused Sections of law under which prosecution
have been recommended
Khetoshe @ Sahevi Khetoshe Sumi @
S.K Assumi @ S.Khetoshe Sumi @
Ikhemu @ H.K Assumi (A-1) –
Arrested and presently in JC, at
Central Jail, Dimapur
120B and 384 of IPC, sections 25 (1A) & 25
(1B) Arms Act, and sections 17, 20, 38 and 40
of UA (P) Act.
V.K Sumi @ V.Sumi @ Z.Victo Swu @
Akuto @ V Assumi (A-2) – Arrested
and presently on bail.
120B and 384 of IPC and sections 17, 20, 38
and 40 of UA (P) Act.
Isak Sumi @ Isac Sumi @ Isak Sema
( A-3)- Absconding
120B and 384 of IPC and sections 17, 20, 38
and 40 of UA (P) Act.
18.1 The sanction for prosecution under Section 45(1) of The Unlawful Activities
(Prevention) Act, 1967 has been obtained from the competent authority and
same is enclosed herewith.
18.2 The sanction for prosecution under Section 196 of Cr.P.C has been obtained
from the competent authority and same is enclosed herewith.
18.3 The sanction for prosecution under Section 39 of Arms Act has been obtained
from the competent authority and same is enclosed herewith.
18.4 All the aforesaid offences have been committed within the jurisdiction of this
Hon’ble Court. Hence, this Hon’ble Court has got jurisdiction to try the above
CHARGESHEET: NIA CASE NO. RC-01/2016/NIA-GUW Page 12
offences.
18.5 It is, therefore, prayed that this Hon’ble court may be pleased to take cognizance
of the offences as mentioned above against each of the aforesaid accused persons
and issue process to them to stand trial and punish the accused persons in
accordance with law.
20. No. of enclosures : 03
21. List of enclosures : XXXXXXXXXX
XXXXXXXXXX
XXXXXXXXXX
Jasveer Singh
Dy. Superintendent of Police Chief Investigating Officer
NIA Branch Office : Guwahati
Forwarded by
(Debajit Hazarika, IPS) Superintendent of Police NIA Branch Office : Guwahati
Vetted and signed by