Delhi High Court shows mercy: reduces fine for KCP militants unable to afford release

Delhi High Court shows mercy: reduces fine for KCP militants unable to afford release

On Thursday, the Delhi High Court decided to lessen the penalties imposed on two individuals who were convicted militants associated with the prohibited Kangleipak Communist Party (KCP) from Manipur. The court made this decision based on their acknowledgment of guilt, suggesting a potential for rehabilitation.

A panel of judges consisting of Justice Siddharth Mridul and Justice Anish Dayal observed that the confession of wrongdoing by the two convicts eliminated the necessity for a comprehensive trial funded by the state. Furthermore, their admission of guilt meant that they had nearly completed the entire seven-year prison term.
As a result of the reduction in fines, these convicts, who were unable to afford the original fine of ₹39,000 each due to their family's financial situation, are now on the path to being released. The Court has mandated that they pay a reduced amount of ₹9,000 each instead.

The court order stated that “In view of these facts and circumstances and the analysis provided above, it is the opinion of this Court that the fine imposed for each of the nine offenses for which the appellants have been convicted be ₹1,000/- per offense (amounting to a total of ₹9,000/- for each appellant) and in default of payment thereof, SI [simple imprisonment] for one month for each offense (amounting to a total of nine months in default thereof for each appellant). It is directed accordingly.

Khoiram Ranjit Singh, also known as Poerie Meiti, and Pukhrihongam Prem Kumar Meiti, also known as PK, were found guilty by a trial court on April 29, 2022, for multiple violations under the Indian Penal Code (IPC), as well as the Unlawful Activities Prevention Act (UAPA), and the Explosive Substances Act. The accusations against them were related to their alleged involvement as active members of the Kangleipak Communist Party (KCP) and their engagement in activities deemed anti-national and terrorist in nature in Manipur and various other regions of the country. It was additionally alleged that, as part of a broader conspiracy, they had acquired weapons and ammunition with the intent of conducting terrorist actions in different parts of India, including the city of Delhi.

Both of the convicted individuals had admitted their guilt regarding the charges brought against them. In the socio-economic inquiry report for Singh, it was disclosed that he had familial responsibilities, including an elderly mother, three children, and a wife who was the sole breadwinner and also a cancer patient. The family's reported annual income was approximately ₹60,000. On the other hand, Kumar's family had four children and a wife, and he was again the sole earning member of the family, and their annual income was stated to be around ₹90,000.

The High Court reviewed the case and took into account that the appellants had been convicted of nine separate offenses. As a result, the fine amounted to ₹39,000, and they faced an additional 30 months of imprisonment if they couldn't pay the fine.

The court also observed that “Since the substantive sentences run concurrently, the total effective substantive sentence to be served by the appellants is seven years each. The cumulative impact of the default of non-payment of fine would, therefore, amount to a 30-month sentence, which is 2 ½ years for each of the appellants. Seen from this perspective, the default sentence would add up to more than one-fourth of the substantive sentence. Therefore, there is merit in the appellants’ submission that this would fall foul of the spirit and tenor of Section 65 IPC.”

The bench carefully reviewed the socio-economic reports of the two convicts, as well as their exemplary behavior while incarcerated, before deciding to reduce the fine.

Case: KHOIRAM RANJIT SINGH @ ROCKY @ GREAT MACHA @ POEREI MEITEI Vs. STATE (NIA) CRL.A. 191/2023 & CRL.M.A. 3163/2023.

 

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