Jharkhand High Court refuses bail to member of banned extremist organisation in terror funding case

Read Time: 05 minutes

Synopsis

Allegedly an association had been formed relating to a banned organization Tritiya Prastuti Committee for extracting levies from transporters and mining companies in Amrapali Magadh Coal area in Tandwa district.

The Jharkhand High Court recently upheld the order of the Special NIA Court rejecting the bail plea moved by Bindeshwar Ganjhu @ Bindu Ganjhu, a member of proscribed organisation Tritiya Prastuti Committee (TPC) in a terror funding case. 

The bench of Justice Rongon Mukhopadhyay and Justice Ambuj Nath observed that Bindu Ganjhu was involved in collection of levy from the transporters and D.O. holders on behalf of ‘Shanti Sah Sanchalan Samiti’ and TPC.

Court held that his acts attracted the embargo as envisaged in Section 43 (D) (5) of the UA(P) Act for grant of bail and on consideration of the facts, it was not inclined to interfere with the order of the NIA court. 

The Additional Judicial Commissioner XVI cum Special Judge, NIA, Ranchi had rejected Ganjhu's bail plea in January last year. 

In 2016 it came to the knowledge of the Superintendent of Police of the area that in the Amrapali Magadh Coal area in Tandwa some local people had formed an association relating to TPC and members of that association were extracting levies from transporters and mining companies by creating fear in the name of the extremists of TPC.

Thereafter, a case was registered for the offences under Sections 414, 384, 386, 387, 120B of the I.P.C., Section 25(1-b)(a), 26/35 of the Arms Act and Section 17 (1)(2) of Criminal Law Amendment Act against Bindu Ganjhu and others

Later on, offences under Sections 16, 17, 20 and 23 of the Unlawful Activities (Prevention) Act, 1967 were also added agains the accused persons and the case was transferred to the National Investigation Agency (NIA) for investigation. 

Moving appeal against the NIA court order, Bindu Ganjhu's counsel argued before the High Court that there was nothing on record to suggest that he was a member of TPC. He submitted that instead Bindu Ganjhu is a contractor who runs his company – Maa Gange Coal Trading and he himself is a victim. 

However, the Special Public Prosecutor for the NIA opposed the appeal and contended that Ganjhu had acquired the proceeds of terrorism and being a member, he was closely associated with the top leaders of the association. Details of the assets acquired out of the collected levy amount were also placed before the Court. 

Taking note of the same, Court opined that a prima facie case was established against Ganjhu and in the light of Section 43 (D) (5) of the UA(P) Act which prohibits bail in such cases, Court dismissed the appeal. 

Case Title: Bindeshwar Ganjhu @ Bindu Ganjhu v. The Union of India through NIA