Saturday, March 26, 2011

The Not-so Curious Case of Dima Halem Daogah (J)

Dima Halam Daogah (J) is a splinter of a major terrorist group active in the North Cachar Hills district of Assam with sustenance of sorts from the Dimasa tribe. See more on DHD at Linky 1. DHD(J) has recently been caught in a big scandal in Assam, some background on this is available at Linky 2.

More background on this case from the NIA chargesheet as follows Linky 3:

Government of India vide order No. 17011/50/2009-IS: VI dated 1 June 2009, directed National Investigation Agency to take up the investigations of Crime No. 170/2009 of Basistha Police Station and Crime No.3/2009 of Diyungmukh Police Station in the State of Assam.
As per the FIR, the complainant had, on the basis of specific source information, intercepted vehicle number AS01AH 1422 (Scorpio) and vehicle number AS01L 0609 (SUMO) at 14th Mile, GS Road and conducted search of the vehicles. The two persons travelling in the vehicles (other than the two drivers) were found in possession of Rs. 1 crore in cash and were armed with two pistols. They were suspected to be cadres /link-men of Dima Halem Daogah [DHD(J)], a terrorist gang active in Assam. The two persons, namely, Phojendra Hojai and Babul Kemprai were arrested. Accordingly, this case was registered against them under section 120-B, 121 and 121-A IPC and Sec. 25(1)-(b)(a) Arms Act.

During investigation, it was revealed that the seizure of huge cash and arms was part of a larger criminal conspiracy for waging war against the state by the above named accused persons. In furtherance of the said criminal conspiracy hatched in November 2008 in Guwahati, North Cachar Hills District and other places, the elected Chief Executive Member (CEM) of North Cachar Hills Autonomous Council (NCHAC) resigned from the position to make way for Mohit Hojai A-3 to assume charge as the new CEM. Subsequently, Mohit Hojai and the other accused public servants, alongwith accused Contractors, committed criminal misconduct and defalcated huge sums of money from the funds available with NCHAC, which was channelized through Hawala operators at Guwahati and Kolkata to reach arms smugglers who smuggled in arms and ammunitions and supplied it to DHD(J) for them to commit acts of terror and violence and to wage war against state with a view to overawe its legitimate authority.


17.1 Dima Halim Daogah (DHD) is a splinter group of the former armed insurgent group of Assam called Dimasa National Security Force (DNSF), which had surrendered enmasse in 1995, except for its self-styled Commander-in-Chief Jewel Garlosa. Subsequently said Jewel Garlosa launched the DHD. Its declared objective is to create a separate State of 'Dimaraj' for the Dimasas (‘Sons of the Great River’) tribe, comprising Dimasa-dominated areas of the North Cachar Hills and Karbi Anglong districts of Assam and parts of Dimapur district of Nagaland.

17.2 Pranab Nunisa, who rose to become the Commander-in-Chief of DHD and the head of the outfit’s armed wing, the Dima National Army, took over the command of DHD by ousting its President accused Jewel Garlosa on charges of anti-DHD activity. DHD, headed by Nunisa, forged a cease-fire with the Government in the year 2003 and surrendered. Jewel Garlosa, however, had gone ahead and formed a separate outfit on 31 March 2003, which, according to him, was the official DHD. Militants belonging to Hmar People’s Convention - Democrats (HPC-D) abducted 23 Dimasa tribal men from two villages within Sonai Police Station limits in Cachar district after torching about 450 dwellings on 31 March 2003 and later killed all of them. Among those killed, 17 men had families and these 17 widows called themselves Black Widows and vouched to take revenge on the Hmars. DHD (Jewel Garlosa) faction also adopted the name Black Widows and stepped up their acts of violence and terror mainly in Cachar, NC Hills and Nagaon districts of Assam. It has also a strong presence in the Dimasa dominated Dhansiri area of Karbi Anglong district.

17.3 DHD(J) is also reported to have linkages with the National Socialist Council of Nagaland – Isac - Muivah (NSCN-IM) and the National Democratic Front of Bodoland (NDFB), two of the most dreaded militant groups currently active in the North-East.

17.4 The main activity of the DHD(J) after 2006 was to siphon off Government funds through extortion and with the help of elected members of the Council, Contractors and Government servants in order to finance their subversive activities mainly targeted at major infrastructure projects in that area. Two Government projects badly affected by the acts of terror and violence by DHD(J) are the ‘East West Corridor Project’ and the Broad Gauge Conversion Project between Lumding and Silchar. DHD(J) has also indulged in several attacks on the security forces - notable ones are the ambush on the Central Reserve Police Force (CRPF) personnel in which seven men were killed and the ambush on the Assam police party in which six men lost their lives. In the past two years, DHD(J) have laid three major ambushes on the security forces besides other killings. The violence levels by the group have increased significantly after 2006. It was revealed in investigation that some of the weapons obtained from DHD(J) and presently in the custody of the State have the same number and make as that of the weapons looted after the killing of security force personnel by the DHD(J). Thus it is evident that the DHD(J) has been indulging in terrorist acts within the meaning of section 15 of the UA(P) Act, 1967.

17.5 Investigation revealed that North Cachar Hills is one of the two hill-districts of Assam. It was a part of Cachar district till the formation of United NC Hills & Mikir Hills districts in 1951. The Constitution of India gave it the status of an autonomous district. In 1970 NC Hills was separated from the United NC Hills & Mikir Hills and was made a full-fledged district. The North Cachar Hills Autonomous District Council (NCHAC) was constituted under the provisions of the sixth schedule to the Constitution of India to administer the autonomous district. NCHAC has three wings of administration viz. Legislature, Judiciary, and Executive. Apart from the subjects enshrined in the sixth schedule, the Government of Assam have transferred almost all the administrative departments with executive power to the Council except for General Administration, Police, Treasury, Election and Judiciary. The NCHAC has 28 members in the Executive Committee including 2 nominated members. There are 12 Executive Members, each of whom is placed in charge of a department. The leader of the majority party is chosen as the CEM who has the finance portfolio of the Council. There is a Planning Board for the NCHAC and CEM is also the Chairman of the Planning Board. NCHAC is under the administrative responsibility of the Hill Area Development Department of the Government of Assam.

17.6 The financial rules applicable to NCHAC are Assam Financial Rules (AFR) as there are no separate financial rules exclusively meant for NC Hills and NCHAC. The purchase of stores and contract of works are, likewise, to be carried out as per the laid down store purchase procedure meant for the whole State. All payments to the contractors/suppliers are to be made through Cheque / Bank Draft by the respective department. This is a mandatory requirement under the Office Memorandum No. BW. 58/92/Pt II/76 dated 12 December 2005 issued by the Finance Department, Government of Assam.

17.7 It is further revealed that the elections to NCHAC was last held in 2007 and Autonomous State Demand Committee (ASDC) party was elected to power in alliance with the BJP. ASDC and BJP alliance won 21 seats and Independents won 4 seats. ASDC had the tacit support of DHD(J). Shri Dipolal Hojai became the CEM. Dipolal Hojai was not able to fulfill the demands of the DHD(J) regarding supply of funds for procurement of Arms and for carrying out the terror activities which was not liked by the DHD(J) leadership.

17.8 Investigation further disclosed that on 26 November 2008 Niranjan Hojai, A-11 [Commander-in Chief of (DHD(J)] called PW Shri Bijoy Sengyung on phone when the latter was at the residence of Shri Dipolal Hojai (the then CEM). Niranjan Hojai A-11 had earlier directed Shri Dipolal Hojai to convene a meeting of all the Executive Members of the Council. Accordingly Shri Dipolal Hojai convened the meeting of the members of the Council at his residence in the evening on 26 November 2008. It was at the meeting that the accused Niranjan Hojai called Executive Member Shri Bijoy Sengyung. Since the speaker phone of Bijoyendra Senguing was not good, he called on the phone of PW Kulendra Daulagupu and went on to address the Executive Members on the speakerphone (of the mobile-phone of Shri Kulendra Daulagupu). He directed Shri Dipolal Hojai to resign from the position as CEM by the very next day. He nominated Mohit Hojai A-3 to be elected as the new CEM and also threatened Dipolal Hojai “If you don’t listen, you will have the same fate as Purnendu Langthasa,”. [Suspected DHD(J) militants killed former Chief Executive Member of the North Cachar Hills Autonomous Council, Purnendu Langthasa and former executive member of the Council, Nindu Langthasa at Langlai Hasnu village in the NC Hills district in June 2007. Both were candidates of the ruling Congress party for the ensuing Council election. The militant group had been warning and demanding an amount of Rs one crore from the victims for their safety for the elections. A few members of DHD(J) are facing trial in the said case of double-murder.] These directions were complied with without any protest. Shri Dipolal Hojai resigned his position as CEM citing health reasons on 27 November 2008. His resignation was accepted by the Government in the last week of December 2008. Mohit Hojai A-3 was elected unopposed to be the CEM. He took over charge as the new CEM on 2 January 2009. He retained with him as CEM the portfolio of Finance, General Administration, Land Revenue, Information and Public Relations, Sports &
Youth Welfare and Cultural Affairs.

17.9 It is evident that that there was a tacit understanding between Niranjan Hojai A-11 and Mohit Hojai A-3 regarding governance of NCHAC, especially regarding illegally channelizing funds of NCHAC to DHD(J).

17.10 It was revealed during investigation that on 30 March 2009 Mohet Hojai A-3 and Phojendra Hojai A-1 met at the residence of Mohet Hojai A-3 for giving money to DHD(J). In pursuance thereof, money was to be delivered on 31st March 2009. The Call data Report of the mobile phones of Mohet Hojai and Phojendra Hojai reveals frequent telephonic contact between Mohet Hojai A-3 and Phojendra Hojai A-1 in this regard. On the next day (31 March 2009) Phojendra Hojai A-1 received a call on his mobile from Niranjan Hojai A-11 of DHD(J), who, after introducing himself, asked him to follow the orders of Mohet Hojai A-3. Phojendra Hojai A-1 met Mohet Hojai A-3 again that day. Mohet Hojai A-3 told him that Rs. One crore was to be delivered to someone from DHD(J). The DHD(J) cadre would establish telephonic contact with Phojendra Hojai A-1 and he should get the money delivered as per the instructions of DHD(J) cadres. He further told him to get in touch with Babul Kemprai A-2 and that he should be ready to leave by 12 noon, the next day.

17.11 Investigation disclosed that on 1st April, 2009, Phojendra Hojai A-1 and Babul Kemprai A-2 carried Rs 1 crore given by Mohet Hojai A-3 to Babul Kemprai A-2 and travelled in two different vehicles i.e one Scorpio and one TATA SUMO and proceeded towards Shillong. During their journey, Niranjan Hojai A-11 and Mohet Hojai A-3 made several calls to Phojendra Hojai and Babul Kemprai with regard to their whereabouts and their movement.

17.12 It is also disclosed that while Phojendra Hojai A-1 was being brought to the police station, he also received many phone calls. One such call was that of Mohet Hojai A-3 who enquired about whether he was caught by the Police or whether he had delivered the money. Immediately after that Niranjan Hojai A-11 called him up and asked whether he had delivered the money. He also asked as to whom he had delivered the money and how many vehicles had come. He asked as to whether he was safe and whether the police had arrested him. These two calls were found recorded in the phone of Phojendra Hojai A-1. At the time of being taken for production at the Court, Phojendra Hojai A-1 and Babul Kemprai A-2 were surrounded by media personnel who questioned them on their involvement in the case. Both the accused replied that the money was being sent by Mohet Hojai A-3 and they were carrying it to be delivered as per his instructions. The statements made to the pressmen by accused Phojendra Hojai A-1 and Babul Kemprai A-2 were aired in the local TV news channels the next day.

17.13 During investigation by Basistha Police it is revealed that after the arrest of Phojendra Hojai A-1 and Babul Kemprai A-2, Assam police recorded the statements of the accused and the police personnel who were involved in the seizure of Rs 1 crore. The two drivers of the vehicles were not arraigned as accused as they were not found involved and were therefore not arrested. The two pistols seized by the police were sent to the Armourer of Assam police for firearm examination and identification. Phojendra Hojai A-1 and Babul Kemprai A-2 were taken on police remand for interrogation. Later they were transferred to judicial custody and both of them were enlarged on bail by the Hon’ble Guwahati High Court. Assam Police also arrested Mohet Hojai A-3 and RH Khan A-4 on 31 May 2009 and searched their houses. From the House of RH Khan A-4, cash amounting to Rs 4 lakhs was recovered. This amount was a part of the huge amount of money siphoned by RH Khan as a part of the criminal conspiracy to supply funds for the DHD(J). Investigation revealed that Mohet Hojai A-3 was sending money to Niranjan Hojai A-11 of the DHD(J) and that the Rs 70 lakhs had been sent by Jayanta Kumar Ghosh A-12 and the rest Rs 30 lakhs by RH Khan A-4 who was the Deputy Director in the Social Welfare Department in NCHAC. RH Khan A-4 was made the Liaison Officer of NCHAC in addition to his responsibility as Deputy Director, Social Welfare Department on the recommendations of Shri AK Barua, Principal Secretary (in additional charge) of NCHAC. As Liaison Officer, he used to get the funds budgeted for NCHAC released by the State Government and in pursuance to said criminal conspiracy, provided the funds to the DHD(J) by fraudulently channelizing the funds of NCHAC.

17.14 In early June 2009, a team of Assam Police personnel proceeded to Bangalore on some specific information about the presence of Jewel Garlosa A-5, the Chairman of DHD(J) there. In Bangalore, they arrested three persons including Jewel Garlosa A-5, Ahshringdao Waris A-6 and Samir Ahmed A-7. Some incriminating documents were also seized from the search of their residential premises at Bangalore. Jewel Garlosa A-5 was staying at Bangalore on a fake name and identity to conceal his true identity and to evade arrest by police. They were brought to Guwahati on transit remand from Bangalore. The police custody of accused Jewel Garlosa and others arrested in Bangalore was given to the NIA, which had taken over the investigation of this case on 5 June 2009.

17.15 Investigation further revealed that Samir Ahmed A-7, an employee at HSBC Bank at Bangalore, is the childhood friend of Ahshringdao Waris A-6 (alias Partho Waris) and had settled down in Bangalore. Despite the knowledge Samir Ahmed A-7 had about Ahshringdao Waris A-6 that he is a member of the dreaded DHD(J) and had been earlier caught with a consignment of weapons, he approached and invited Ahshringdao Waris A-6 to Bangalore and for conducting his unlawful activities from there. As a result, Ahshringdao Waris A-6 came to Bangalore and established his safe stay there. After setting up the hide-out at Bangalore, Ahshringdao Waris A-6 went to accompany the accused Jewel Garlosa from Nepal. All this was in the knowledge of Samir Ahmed A-7. Ahshringdao Waris A-6 received Jewel Garlosa A-5 at Gorakhpur and brought him to Bangalore by air via Delhi.

17.16 Investigation made at Bangalore revealed that they procured SIM cards, driving licenses etc on providing fake identities of one Anandra Singh and Debojit Singha. In making all these fake documents of identity, Samir Ahmed A-7 actively helped them all the way. He forged the X class mark-sheet of his wife Jilly Basumatary and also a lease deed to show them as regular residents of Bangalore. He changed the name of his wife on her marksheet to Debojit Singha. He had also changed the date and inserted the date of birth since date of birth is not mentioned in the mark-sheets in the North East. In fact Ahshringdao Waris A-6 and Jewel Garlosa A-5 had actually asked A-7 Samir to make a fake passport but that could not be managed and instead, a driving license on a fake name was prepared. The fact that a number of SIM cards were given to said Ahshringdao Waris A-6 and Jewel Garlosa A-5 show that Sameer Ahmed A-7 had the full knowledge about the secret nature of their activities. Sameer Ahmed A-7 also helped them create email accounts and taught them how to use the net. Accused Ahshringdao Waris A-6 and Jewel Garlosa A-5 then sent emails to Niranjan Hojai A-11 (C-In-C) of DHD(J). This, they did at the email address of Niranjan Hojai A-11. They also sent mails to one Ranjan Daimari of the NDFB regarding providing shelter and logistics to the cadres of DHD(J). Sameer Ahmed A-7 made financial gain from them and in token, he was also taken for a leisure trip to Goa by Ahshringdao Waris A-6 in return for the services provided by him for the DHD(J).

17.17 Investigation revealed that Jewel Gorlosa A-5 and Ahshringdao Waris A-6 used to visit Bodyline, a gymnasium under the assumed names of Debojit Singha and Anandra Singha. The house where Jewel Garlosa A-5 and Ahshringdao Waris A-6 were staying was taken on rent by Sameer Ahmed A-7 on the plea that it was for his family. When the owner objected to somebody else (Jewel Garlosa and Ahshringdao Waris) staying there, Sameer Ahmed A-7 intervened to pacify the landlord. Sameer Ahmed A-7’s wife went and vacated the house after the arrest of these accused persons.

17.18 While Jewel Garlosa A-5 Gorlosa chose to shift his base to Bangalore, Niranjan Hojai A-11 continued to live abroad controlling the activities of DHD(J) over phone and email. Ahshringdao Waris A-6 met Niranjan Hojai A-11 and Jewel Garlosa A-5 Gorlosa in Kathmandu, where the two accused were found staying in the hotel in front of the palace of the Raja of Nepal. After meeting Ahshringdao Waris A-6, both Niranjan Hojai A-11 and Jewel Garlosa A-5 then went in the same flight to Bangkok on 25 December 2007 on Nepali passports. Both the accused stayed at Radisson Hotel in Bangkok and returned to Kathmandu. The utilisation of funds generated from NCHAC and procurement of weapons from abroad utilizing the funds so appropriated were the main activity indulged in by Niranjan Hojai A-11 who visited Nepal, Thailand and Malaysia for procurement of Arms and Ammunition for waging war against the State and for terrorist activities.

17.19 Investigation revealed that on the basis of information regarding the presence of Arms smugglers at Mizoram, a team of NIA went to Mizoram. Investigation in Mizoram disclosed that one Vanlalchhana of Mizoram A-8 was one of the Arms dealers involved in Arms smuggling from abroad and was likely to receive the money sent by Mohet Hojai A-3 on the 1 April 2009 for the delivery of Arms to DHD(J). Vanlalchhana A-8 had deposited huge amount of money in his SBI account. Vanlalchhana A-8 was the person who had visited Singapore and Thailand and met Jewel Garlosa A-5 and Niranjan Hojai A-11 in connection with arms supply to DHD(J).

17.20 Vanlalchhana A-8 alias Vantea was arrested who disclosed during his examination that he had kept a consignment of weapons at a place called Saronveng in the house of Nampui. This consignment of weapons was meant to be delivered to the DHD(J), as per the disclosure of Vanlalchhana in presence of witnesses. On the basis of this disclosure, the following arms and equipments were recovered.
i) 8 nos of M-16 rifles made in Singapore
ii) One 9 mm pistol Baretta
iii) 12 walkie talkie sets
iv) 12 walkie talkie chargers
v) One telescope Bushnell

17.21 Vanlalchhana A-8 identified the photograph of Niranjan Hojai which was mixed with other photographs before the Executive Magistrate. Vanlalchhana A-8 said that he had sent arms at least ten times to the DHD(J). He also disclosed regarding his visit to Kolkata regarding conversion of Indian Rupees to Dollars on the instance of Niranjan Hojai A-11. He visited Kathmandu with another friend called Chhungup to hand over the dollars to Niranjan Hojai A-11 for the procurement of Arms. He converted amounts of more than 1 crore to dollars at least three times for Niranjan Hojai A-11 which was received by him at Kolkata after being siphoned away from the Council funds by Mohet Hojai A-3, RH Khan A-4 and others. Vanlalchhana revealed that he was getting Rs 1 for every dollar which he got converted for Niranjan Hojai A-11. Vanlalchhana A-8 was also able to identify Jewel Garlosa A-5 from the photographs shown to him. This was done after mixing suspect photographs with the photographs of other persons from the same region and preparing an identification memo in front of an executive magistrate. The analysis of call data of Vanlalchhana revealed that one Mizo lady by name Malsawmkimi A-9 was helping him in converting rupees to Dollars at Kolkata. The CDR also revealed that Vanlalchhana was in constant touch with accused George Lawmthang A-10 in Kolkata.

17.22 Investigation further revealed that a portion of funds allotted to two main Departments i.e Public Health Engineering (PHE) Department and Social Welfare Department were utilized by the DHD(J). This was considering the fact that the money which was seized on 1 April 2009 (the present case FIR 01/09 of NIA) was funded partially by Jayanta Kumar Ghosh A-12 (A PHE and Social Welfare Contractor) and RH Khan A-4 (Dy Director, Social Welfare). It was found during investigation that an amount of Rs 13.5 crore was siphoned away directly from the bank account of Social Welfare Department in the year 2008-2009 besides a large amount by other means and about Rs 3 crores were siphoned from the PHE Department in the year 2009 itself.

17.23 Investigation conducted at Halflong revealed that in pursuance to the said criminal conspiracy, RH Khan A-4 while working as Dy. Director kept Cheque Books, Pass Books and other related papers with him and also used to make payments to the suppliers personally. The hard disc of his computer revealed that R.H. Khan A-4 not only dealt with matters of his own department but also of other departments as well as the affairs of the Chief Executive Member (CEM), Mohet Hojai A-3 and the Principal Secretary. There are letters on behalf of the Principal Secretary of NC Hills recommending administrative approvals, grant of funds, financial approvals etc. recovered from the official computer of R.H. Khan A-4. There are also letters on behalf of the Mohet Hojai A-3 recommending the grant of supply order to specific firms. There are also letters on behalf of the Agriculture Department and the PWD Department showing that RH Khan A-4 was not only controlling finances of his own department but also other Departments. RH Khan A-4 used to make letter pads and bills on behalf of various firms on his own computer by changing the font size and style. This has also been brought out in the expert report received after analysis of the computer seized from his office through C-DAC Tiruvananthapuram.

17.24 Investigation has revealed that accused R.H.Khan A-4, used the following methods to provide funds to the CEM, Mohet Hojai for sending it to the DHD(J) for supporting their activities:
1. Took private persons in confidence and obtained their signatures on blank bills/receipts/vouchers, filled/got them filled up and used the same for providing funds
2. Made bogus/fictitious bills/vouchers/receipts and used the same for providing funds.
3. Obtained supplies from non registered suppliers/contractors and took his share of the bills paid to them.
4. Showed exaggerated supplies to anganwadi centres from Self Help Groups.
5. Showed constructions of Safe drinking water tanks and disbursed the payments for the same without any construction on ground.
6. Obtained receipts for more amount but paid less to physically handicapped persons as aid.
7. Directly took away funds from the bank without mentioning the same in office records.
8. Showed payments disbursed to adolescent girls without actually doing so.

To do the acts mentioned above, RH Khan threatened his employees who obeyed his orders for fear of life.

17.25 Investigation has further revealed that R.H. Khan A-4 entered into a criminal conspiracy with Jayanto Kumar Ghosh A-12 and others and in furtherance thereof showed the payments of about Rs 32,07,800 in the year 2009 against supplies to different firms of J.K. Ghosh A-11 without any supply of material. Thus, RH Khan from his above act used to generate the fund to finance the terrorist activities through Niranjan Hojai A-11 for purchase of Arms for the DHD(J).

17.26 Investigation revealed that Mohet Hojai A-3 took over the charge of CEM of NC Hills in Jan 2009 and was aware that the funds for the ARP schemes were to be released by the HAD department shortly. In connivance with Government officials NC Hills and Jayanta Kumar Ghosh A-12 @ Dhrubo Ghosh, (a contractor managing firms namely M/S MAA Trading, M/S Lokanath Trading, M/S Jeet Enterprises and others), Mohet Hojai A-3, issued supply orders to the firms of the accused Jayanta Kumar Ghosh A-12 being well aware that the market rates for the supply of pipes were less than half the rates at which the supply orders were.

17.27 Investigation revealed that Jayanta Kumar Ghosh A-12 took three rooms on rent in Hotel Pragati Manor at Guwahati between 19/03/09 to 23/03/09. On 20/21-03-09 the accused Mohet Hojai and JK Ghosh called the Executive Engineer, PHE of Haflong and Maibang and pressurized/threatened them to issue advance cheques to firms M/S MAA Trading, M/S Jeet Enterprise and M/S Lokanath Trading without the supply of material. Debashis Bhattacharjee A-13 in whose names these firms are registered was also present at the time when this order was passed by Mohet Hojai A-3. Accordingly, the Ex Engineers of Maibang and Haflong issued
cheques without receiving the material in good faith that the material will be supplied shortly. But the firms did not supply the entire GI Pipes. There was a short supply of material worth Rs 69,86,660 to Ex Engineer PHE Haflong, Rs 16,73,841 to Ex Engineer PHE Umrangsu and Rs 3,08,964 to PHE Maibang. It is worth mentioning here that the supplies which were made apart from the short supply, were mostly done after the seizure of Rs 1 crore by the Assam police on 1 April 2009 in violation of all norms of propriety.

17.28 Investigation further revealed that the accused Mohet Hojai A-3 in connivance with officials of PHE Department, Haflong, also siphoned maintenance funds by issuing 13 cheques unauthorized to the tune of Rs 1,98,29,500 in the names of persons most of whom are non existing. Actually an amount of approximately 2.9 crores were released out of which Mohet Hojai had demanded 60% of the amount. Thus the entire amount of Rs 1,98,29,500 was withdrawn from the bank and given to the accused Mohet Hojai A-3 through one Jibangsu Paul (accused in case 02/09 PS NIA) and others. No work order or supply orders were issued for this payment.

Channeling funds for the DHD(J) through Hawala at Kolkata:
17.29 The investigation at Kolkata revealed two aspects of fund transfer. First, regarding the channelling of funds for DHD(J) from Guwahati through Kolkata with the help of accused Jayanta Kumar Ghosh A-12, Debashis Bhattacharjee A-13 and Sandip Ghosh A-14 and Phojendra Hojai A-1 and second regarding conversion of Rupees thus received to Dollars with the help of George Lawmthang A-10 and Malsawmkimi A-9.

17.30 The funds sent by Mohet Hojai A-3 from Guwahati for the DHD(J) were sent with the help of one Imdad Ali through Hundi (Hawala). The person involved in this parallel banking transactions apart from Imdad Ali was the hundi operator Rabi Agarwal. The funds were then received at Kolkata by accused Sandip Ghosh A-14, Debashis Bhattacharjee A-13 and Jayanta Kumar Ghosh A-12 and then handed over to Phojendra Hojai A-1.

17.31 On three other occasions in the year 2009, money was sent by Mohet Hojai A-3. All the money was received by accused Jayanta Kumar Ghosh A-12 and his men Sandip Ghosh A-14 and Debashis Bhattacharjee A-13 from various places and handed over to Phojendra Hojai A-1 at his place of stay. The records of Madhumilan Guest House and Hotel Shalimaar confirm the stay of Phojendra Hojai on various occasions. Accused Sandip Ghosh A-14 and Debashis Bhattacharjee A-13 delivered the hawala money to Phojendra Hojai at Kolkata four times. The first time money was brought in cash from Guwahati by Imdad Ali and Bapi and delivered at Madhumilan guest house at Bara Bazaar. This happened after the Council was formed in January 2008. Then, money was delivered twice to the tune of Rs 1 crore through Hawala. Money was collected from Marwaris whose addresses were given by Mohet Hojai A-3 and Imdad Ali. The system of identification with the help of the number of a note at the hands of the recipient was followed. After these three deliveries at the time of Dipolal Hojai, one consignment of more than Rs one crore was delivered at Hotel Shalimar to Phojendra Hojai A-1 in the beginning of the year 2009. Again the same system was followed. Money was again sent in the month of February 2009 and March 2009 at the time of Mohet Hojai A-3 as the CEM.

17.32 Vanlalchhana A-8, the Arms dealer, had made in his disclosure memo that he was also doing the business of exchange of dollars through Kolkata for Niranjan Hojai A-11. On the basis of this information and on the basis of analysis of the CDR of Vanlalchana A-8, it was found that two persons having a mobile number of Kolkata were in constant touch with Vanlalchhana A-8. In Mizoram a search was mounted for the lady called Malsawmkimi A-9 whose name was disclosed by Vanlalchhana A-8 as the person who was converting rupees to Dollars. The lady was found to have escaped to Kolkata. The NIA team took the help of Kolkata Police and located and arrested Malsawmkimi A-9 @ Sawmi and George Lawmthang A-10 @ Thanga, the Mizos in Kolkata who converted Rupees to Dollars for the DHD(J) and other organisations. A sum of about Rs 18 lakhs were also recovered from their possession which was to be converted to Dollars by Swami and Thanga. Accordingly, information was given to the designated authority i.e IG NIA regarding the seizure as per the provisions of section 25(5) of UA(P) Act through a special messenger. They were interrogated at Kolkata and they disclosed that they used to collect money from two hotels at Kolkata for conversion to Dollars. An identification memo was prepared by the IO and the two hotels were identified as Hotel Shalimaar and Madhumilan Guest House, the same places where Phojendra Hojai A-1 used to stay. Vanlalchhana A-8 used to visit Nepal for handing the money to Niranjan Hojai. The interrogation of Thanga revealed that he had done three transactions on the instructions of Malsawmkimi A-9. On all the three occasions they collected the money from the same person at Kolkata. Once it was at Hotel Shalimar and twice it was at Madhumilan Guest House. All these disclosures corroborate the statements of Phojendra Hojai A-1, Jayanta Kumar Ghosh A-12 and Sandip Ghosh A-12 regarding the exchange of money at Kolkata which was sent by Mohet Hojai A-3 for Niranjan Hojai A-11 of DHD(J). Later, Phojendra Hojai A-1 was identified by Malsawmkimi A-9 and George Lawmthang A-10 as the same person from whom they had collected money on behalf of Vanlalchhana A-8 for conversion to Dollars.

18. Charge
On the basis of investigation made and evidence so collected, there is sufficient evidence to prosecute A-1 to A-14 under sections 120(B), 121, 121A IPC, and sections 16, 17, 18, 19 and 20 UA(P) Act and also against A-1 and A-8 u/s 25(1)(d) Arms Act and section 19 of UA(P) Act against A-7. The sanction for prosecution under section 45 (2) UA(P) Act and section 196 CrPC has been obtained which is enclosed herewith.



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