AN APPEAL TO THE CHIEF JUSTICE OF INDIA TO INTERVENE IN THE MATTERS OF

ENDORSING “WAR AGAINST DRUG” AND A SCANDALOUS SITUATION ARISING

OUT OF COURT PROCEEDINGS AND DISSENTS IN MANIPUR STATE.

To,
The Chief Justice of India

Through,
The Registrar,
Supreme Court of India,
Tilak Marg, New Delhi-110201

Subject: An appeal to the Chief Justice of India to intervene in the matters of endorsing “War
Against Drug” and a scandalous situation arising out of Court proceedings and dissents in
Manipur state.

Your Lordship,

I, the undersigned appellant, a citizen of India, born in Manipur state and currently residing in New
Delhi to pursue academic research, would like to humbly submit the abovementioned subject to
your Lordship for judicious perusal and necessary action. The text of the appeal is organised into
9 (nine) sections and 52 (fifty-two) paragraphs to facilitate simplification in the reading and
reference, such as—(i) Background, (ii) Surgical raid, (iii) The first bail, (iv) Alleged
conspiracies, (v) Mediated surrender, (vi) The second bail, (vii) The controversy, (viii)
Generalised context, and (ix) Appeal. The appeal is primarily motivated by the willingness to
support the “war against drug” repeatedly announced by the incumbent honourable Chief Minister
of Manipur and also to arrive at a judicial solution to the matters arising out of court proceedings
and dissent. I am not directly related to any of the persons whose names are mentioned below
while referring to incidents, proceedings, and roles. I have drafted and submitted this appeal
without the influence of anyone at my own volition having faith in the Indian judiciary and the
judicious aspiration of your Lordship. I have formulated the narrative and arguments based on
documents shared to me by police, lawyers, journalists, and published news and oral accounts. I
wish that the appeal reaches your Lordship at the right time when a Suo Motu Cognizance by the
highest institution of justice is needed to prevent the scandal from growing out of proportion into
political browbeating, public confusion, and a complete breakdown of trust in the judiciary.

May I humbly place the appeal as follows:

War Against Drug” and a scandalous situation in Manipur 1

 (i)
Background

1. Manipur state in Northeast India shares; (a) inter-state boundaries with Nagaland on the
North, Assam on the West, Mizoram on the South-west, and (b) international boundary
with Myanmar on the South and East. This borderland serves a transit space of the
smuggling of semi-processed, processed, and improvised narcotic drugs and psychotropic
substances. The drugs from Myanmar smuggled to other states of India via Manipur are
Amphetamine, Brown Sugar, Crystal Methamphetamine ('ice', ice drug), Heroin powder,
Methaqualone, and World is Yours (Methamphetamine). The drugs from other states of
India smuggled to Myanmar via Manipur are Codeine, Ephedrine, Nitrosun-10 tablets,
Pseudoephedrine, Spasmo-proxyvon capsules, etc.

2. The abundant supply and widespread abuse of drugs (narcotic substances) create an
epidemic like situation in India, particularly in Manipur. The illicit drug business is
growing despite heavy militarisation, installations of several check posts, policing, and
popular organisation vigilance. Although some drug smugglers and peddlers were arrested
from time to time, it is widely believed that drug smuggler kingpins always escaped either
from arrest or conviction by nefarious means. The nefarious means, widely believed,
include collusion of forces comprising drug smugglers, politicians, administrators, law
enforcers, and administrators of justice. This undeterred collusion directly or indirectly
encourages certain outlawed groups and popular democratic organisations to emerge as the
champion of social cause in pursuing their desired courses of anti-drug campaigns.
Unfortunately, drug smuggling and consumption rate are on the rise.

3. The epidemic of drug addiction has genocidal impacts. Many compared it with the worst
situations of the devastative Chinese opium addiction in the 19th century. This epidemic
has numerous negative fallouts. First, it has taken a significant toll on the lives of lakhs of
people, thereby, destroying in the bud a vast chunk of potential productive forces of youths.
Second, it has caused health breakdown and economic impoverishment of several lakhs.
Third, drug-related crimes are widespread. Fourth, drug business has severe ecological
destructions as vast areas of forests in the border areas have been destroyed to cultivate
opium. Fifth, illicit drug business has promoted ethnic conflict as many smugglers are
allegedly organised into ‘ethnic’ armed gangs who subsequently claim exclusive territorial
command of strategic areas using the mask of ethnic ‘ancestral homeland’ and ‘self-
determination.’ Sixth, a portion of profits from illicit drug business is invested in electoral
politics and ‘horse trading’, thereby, perpetuating the nefarious bond between a section of
the politicians and drug business.

4. People believe that strong political will, commitment, and real efforts are necessary to
address illicit drug business and widespread consumption. When the incumbent
Government of Manipur created a media hype dubbed “war against drug” many were
happy and expected a lot of positive results. Many believed that the Government would
empower the police, especially the Department of the Narcotic and Border Affairs, to arrest
drug smugglers and strictly enforce the Narcotic Drugs and Psychotropic Substances Act
1985 in true spirit. Police carried out a series of raids and arrests. Police personal involved

2 War Against Drug” and a scandalous situation in Manipur

 in huge raids and arrests were awarded either ‘gallantry’ or money. Many praised the
Government and believed that NDPS Fast Tract Court would conduct fair trials and deliver
justice. However, the ‘war against drug’ is not yielding satisfactory results. Many became
confused and frustrated when judicial hearings and orders become controversial. In the
following paragraphs, I would like to draw the attention of your Lordship regarding a
highly sensational episode related to the handling of a case of drug smuggling at the NDPS
Court from 20 June 2018 to 19 May 2020.

(ii)
Surgical raid

5. In the intervening night of 19th and 20th June 2018, Manipur police carried out surgical
raids against huge consignments of drugs in several locations in Imphal. They arrested
eight persons, namely; 1. Mrs. Teresa, 2. Mr. Mung Zou, 3. Mrs. Ester Vungheinuam, 4.
Thangminlun Zou, 5. Mr. Lawrance Zou, 6. Mr. Lhukhosei Zou, 7. Mr. Jamkhohao, and 8.
Minlal Mate. They were subsequently booked under FIR No. 43 (6) 2018 u/s 22 (b), 21 (c),
22 (c), 29, and 60 of the Narcotic Drugs and Psychotropic Substances Act 1985. According
to police, “the following were seized from them: (1) Heroin No. 4 powder—4,595 Kgs.,
(2) World is Yours (WY) Amphetamine tablets—2,80,200 tablets weighing 28 Kgs., and
other items. Altogether the total seized amount of drugs along with the seized currency was
Rs. 28,36,68,000 at international market.”

6. Among the arrested persons, Mr. Lhukhosei Zou [henceforth Lhukhosei] was considered
the Kingpin of a drug cartel. His arrest became sensational because of his political position
and strong community bases in the international border town area of Moreh. At the time of
arrest, he was an influential Chairman of the 5th Autonomous District Council of Chandel
district. He was elected to the Autonomous District Council (ADC) in June 2015 from
Indian National Congress ticket. In September 2015, he became the Chairman of ADC
Chandel District and later on defected to Bharatiya Janata Party (BJP) in April 2017.

7. The arrest of Lhukhosei was not an easy affair. According to the then Addl. S.P. of NAB-
Manipur Smt. Th. Brinda, who was directly involved in the gathering of intelligence and
strategizing the arrest;

a. “It was getting dark. Considering the challenges in conducting a challenging

operation that might continue past midnight, we thought it best to request the
independent witnesses present there to be part of the whole operation to which they
willingly agreed.

b. Mung Zou and Esther disclosed that a huge consignment of drugs: two suitcases
and large polythene black bag were delivered to ‘Pu Shei’ through Tangminlun
Zou. They further disclosed that Pu Shei is the name they refer to Lhukhoshei Zou,
the Chairman of ADC Chandel and that Thangminlun Zou is the driver of
Lhukhoshei Zou. Under the direction of Mung Zou, we were led to the government
quarter of Lhukhoshei Zou at Lamphel. Upon reaching the quarter, a man came out
and identified himself to the Lhukhoshei Zou, the Chairman of ADC Chandel. I

War Against Drug” and a scandalous situation in Manipur 3

 informed him that his driver Thangminlun Zou was involved in a huge drug cartel
and we needed to arrest him. The ADC told me that his driver was in Guwahaty
[Assam State] that day and not in Imphal. I took the phone number of Thangminlun
Zou from the ADC. Sensing foul play, I asked him for a house search of his
residence while he blatantly denied saying that he could not raid the house of an
ADC …

c. We then left the quarter of Lhukhoshei Zou and tracked Thangminlun Zou in and
around Imphal and Langol. After a chase of more than an hour along with
independent witnesses, we finally nabbed and arrested Thangminlun Zou …

d. Meanwhile, my officer SI L. Athouba called me up on the phone telling me that

Lhukhoshei Zou and the people present in the premise of Lhukhoshei Zou’s
residence were repeatedly asking them to leave the place and that they intimidated
them why they were staying there uninvited. He also told me that two people there
were suspiciously guarding a place and never left the area since they had been
stationed there. To this, I told him to tell them that there were there on official duty
and should keep close watch on their activities until my team arrived.

e. Furthermore, Mr. Mung Zou disclosed that his parents Ginzamuan Zou and
CHinzniang Zou had called him up through his aunt Ester instructed him to shift
the two suitcase with drugs to one Pu Shei whom he identified as Mr. Lhukhoshei
Zou, Chairman of ADC Chandel through his driver Thangminlun Zou.
Thangminlun Zou further disclosed that he had delivered more consignments of
WY tablets to Mr. Lhukhoshei Zou and the WY tablets were hidden inside the
residential premises of Lhukhoshei at his government quarter at Lamphel on
instruction of Mr. Lhukhoshei Zou.

f. Upon this disclosure, a combined team of NAB and Imphal PS team along with
civil independent witnesses reached the residential quarter of Lhukhoshei Zou for
the second time.

g. Then in the presence of civil witnesses, Mung Zou pointed out and identified Mr.
Lhukhoshei Zou to be ‘Pu Shei’ as the man who was a part of the drug cartel and
to whom the drugs were sent to through Thangminlun Zou for safekeeping under
instruction from Chinliankhup. I told Lhukhoshei Zou that Thangminlun Zou had
been arrested from Imphal and a large quantity of drugs had been seized from him
and that more drugs were hidden inside the government quarter. I again requested
a visibly shaken Lhukhoshei Zou that we needed a house search of his residence.
This time he was left with no option but oblige. As the search was underway, the
ADC Chairman, Lhukhoshei Zou requested me for a settlement of the issue. I flatly
refused.

h. As the search was underway, two persons who were later identified to be one
Jhamkhohao and Minlal Mate kept guarding an area. They acted arrogant and
bossy. Finally, Thangminlun was ready to reveal the area where he had hidden the

4 War Against Drug” and a scandalous situation in Manipur

 drugs on the instance of Lhukhoshei Zou. When Thangminlun was brought in,
Jhamkhohao and Minlal Mate started attacking the police personnel. However, they
were subdued and overpowered.

i. Thangminlun Zou then led the police inside the barrack where he sleeps and pulled
out one large bag from the Almirah in the barrack. The black coloured polythene
bag contained 10 packets wrapped with black tape. Thus, Thangminlun Zou pointed
out where the WY tablets were hidden inside the residential premise of Mr.
Lhukhoshei Zou. He told us that he hid the drugs in the almirah under the
instruction of ADC.

j. At this point, Lhukhoshei Zou again asked me for a negotiation on the matter which
I declined. He then requested to make some phone calls to the Director General of
Police and the Chief Minister several times all of which I turned down. By this
point of time, it was clearly evident that the ADC Chairman Lhukhoshei Zou was
deeply involved in this huge drug cartel and he had knowledge of all the dealings
that had been uncovered that day. He went to the extent of lying that his driver
Thangminlun was in Guwahati [in Assam] that day when he knew Thangminlun
was in Imphal already. Thus, 200000 nos of WY tablets were recovered from the
residence of Mr. Lhukhoshei Zou and accordingly arrested him at around 12.15 am
of 20/6-2018 in presence of independent witness.”

8. According to the press release by SP NAB-PS, dated 20th June 2018;

a. “Following this [information], under the supervision of SP/ NAB and S.P. Imphal
West, a combined team of NAB and Imphal West Police conducted a raid at the
house of Mr. Lhukhosei Zou @ Shesei Zou (51 years), Chairman, Autonomous
District Council (ADC) Chandel… Seized 2,00,000 (Two lakhs) World is Your
(WY) Amphetamine tablets from the quarter of the ADC Chairman. One (01) 0.32
NPF Pistol with 21 (twenty-one) live rounds, one (01) SBBL Rifle with two (02)
gun license books, one (01) Honda Activa bearing registration No. MN02B-2301
of maroon colour. Rs. 95,000/- (Rupees ninety-five thousands) old currency notes
and Rs. 13,03,000/- (Rupees thirteen lakhs three thousand only) in new currency
notes have also been seized from the possession of the Chairman, ADC.”

9. The arrest was considered a breakthrough. It became a highly sensational issue and
politicised. The same day, that is 20th June 2018, BJP Manipur Pradesh expelled Lhukhosei
from the primary membership of the party on the charge of “antiparty and anti-social
activities.” There was also community response by some organisations to defend
Lhukhosei. On 9th July 2018, a group comprising a section of Hill Tribal Council (Moreh),
Meitei Council (Moreh), Manipur Muslim Council (Moreh), Tamil Sangam (Moreh) and
Gorkha Samaj Sewa Samiti (Moreh), “expressed deep shock and disbelief at the arrest and
subsequent judicial remand of [Lhukhosei] … NAB Manipur has portrayed the arrested
individuals as convicted people.” However, on 24th September, the meeting of the ADC
Chandel removed Lhukhosei from the post of Chairman.

War Against Drug” and a scandalous situation in Manipur 5

 10. Lhukhosei and his circles tried best to prove innocence. However, police submitted a
charge sheet on 6th October 2018, which writes;

a. “11. On disclosure of accused No. 4 [Mr. Thangminlun Zou (30)], the bag
containing 2,00,000 (two lakhs) nos. of WY (amphetamine) tablets was seized from
the possession of accused No. 6, namely, Mr. Lhukhosei Zou @ Shesei Zou (51)
from his residence at Lamphel. … Accused No 6, who is the Chairman, ADC/
Chandel has given cover to Sianzathang and Baopu @ Pausuanlam @ Paopu in
transportation of drugs and other illegal stuffs to & fro on Imphal Moreh route using
illegal immunity he enjoys being an elected representative of the people. Hence,
with no security checking of the ADC convoy, these people were having free
passage on the Moreh highway (NH-102).”

(iii)
The first bail

11. Lhukhosei pleaded innocence. He applied for bail on medical ground, presumably on 24th
August 2018. He was granted interim bail on 19th December 2018. According to the bail
order;

a. “… this Court has referred the accused to State Medical Board, followed by a
number of directions given to the jail Authority. … A health status report dated
15.12.2018 was received from MCJ [Manipur Central Jail], Sajiwa along with
copy of Out Patient Registration Sheet. It is evident that the concerned doctor has
suggested that the Laparoscopic Cholecystectomy be performed on 21.12.2018.
5… On 17.12.2018, this Court had noted that the question had arisen if the State
could make arrangements for the operation by providing escort and security without
enlarging the accused on interim bail. The Court had given time to the Ld. Spl. P.P.
[Public Prosecutor] to seek instruction from the State authorities… Ld. Spl. P.P.
informs that he had sought instructions from State authorities. He submits that the
authorities are not in a position to arrange the escort or any security arrangement
for the medical operation of the accused scheduled to be performed on 21. 12. 2018.
It is submitted that the Assembly Session will commence on 20.12.2018 and the
police will be hard pressed to make security arrangement for the same. Ld. Spl. P.P.
accordingly has not raised any specific ground of objection to the prayer for interim
bail and submits appropriate Order may be passed… But in view of the submission
of the Ld. Spl. P.P. representing the State, this Court has no option except to grant
interim bail… The accused is hereby granted interim bail till 2.01.2019.”

12. The bail became controversial. Many suspected intervention and manipulation of evidence
to influence the judicial procedure. Many could not believe that the government did not
have enough manpower to guard the accused, who was booked under a cognizable offense.
Normally under trial prisoners were escorted heavily when they were produced before a
court or taken to a hospital. The response of State authorities that the authorities were not
in a position to arrange the escort or any security arrangement sounded like a ploy to
compel the Judge to grant bail, and subsequently, to let the accused escape as Manipur in

6 War Against Drug” and a scandalous situation in Manipur

 the recent past had witnessed the easy escape of prisoners of serious crimes either from jail
or hospital. Lhukhosei was an influential person booked under a cognizable office. Was
the medical report of the State Medical Board fairly prepared? Should an under trial
prisoner undergo medical treatment at his own expense in any hospital of his choice? Why
the State authorities not in a position to arrange the escort or any security arrangement for
the medical operation of Lhukhosei? Who was responsible for the lapses? Was there a
collaborative ploy designed by some superior sections to grant bail by any means? Why
the State authorities “now prepared to arrange security arrangement of the accused so that
his medical treatment can be undergone without enlarging him on bail” when the accused
had jumped the bail on 8th January 2019 and has reportedly escaped?

13. Lhukhosei failed to appear before the Court on 2nd January 2019 and jumped the bail on
8th January 2019. On the date of hearing, his wife Mrs. Lamneng Zou filed an application
claiming that “yesterday on 7.01.2019, the accused [Lhukhosei] went to Dr. Thokchom
Sachindra Singh, Prof. and Head of Cardiological Dept. RIMS, Imphal, who gave him a
medical prescription and advised bed rest.” According to the Judge, “Ld. Spl. P.P. submits
the State is now prepared to arrange security arrangement of the accused so that his medical
treatment can be undergone without enlarging him on bail … Hence, no further extension
of the interim bail is granted and the accused shall immediately surrender to Court and no
further extension of the interim bail is granted. The jail authority shall get the accused
examined by State Medical Board in view of the new medical documents filed by the
petitioner.” Accordingly, the Judge, Special Court, ND&PS, Manipur, issued warrant of
arrest, dated 8th January 2019, and direction was given to produce the accused before the
Court on 22nd January 2019. However, Lhukhosei was found traceless and could not be
produced before the Court on the fixed date.

War Against Drug” and a scandalous situation in Manipur 7

 (iv)
Alleged conspiracies

14. Lhukhosei was officially traceless. Rumours said that that he had escaped to Myanmar.
Perhaps, he allegedly possessed huge amounts of standing properties and invested in
undisclosed businesses in both Myanmar and India. It was possible because of his linguistic
and ethnic affiliation with and strong social bases in certain community organisations in
both sides of the international border. In as much as people suspected the role of influential
politicians and officials in his bail and escaped; opinions became divided among political
and administrative circles who stood either for or against him.

15. There was suspicion about the role of a powerful lobby to withdraw the police charge sheet
of the Case. The objective was to delay the submission to render into lapse the statutory of
180 days under section 167(2) CrPC, so that the accused would be entitled to a statutory
bail. In this regard, the Judge of the Special Court ND&PS Manipur made a serious
allegation. Letters of the Judge, dated 11th January 2019, addressed to the Bar Council of
Manipur and the Director-General of Police, pointed out that some persons were making
attempts to intervene in the administration of justice. He wrote, "What cannot be ignored
is the involvement of high ranking police officials and possibly vested political interest
without which Shri Jogeshchandra Haobijam, IPS would not have been that bold as to
openly make attempt to interfere with the administration of justice. It is likely that you
already heard about the attempt of some high ranking officials to derail the course of
justice. After all, how can the head of a department be ignorant about the matter for long
when a Superintendent of Police was not even trying to act discreetly. The purpose of this
letter is only to facilitate certain action which only the office of DGP has the jurisdiction
to take up, by furnishing the basis of an inquiry which may not see the light of the day
unless someone places it in the public domain.”

16. The allegation was made based on his personal experience and inputs. It was substantiated
by the affidavit of OC NAB Police Station Mr. Rishikesh Sharma, dated 16th March 2019
[Evidence in the form of Affidavit before the Oath Commissioner, Imphal West, BCM/DC
Case No. 1 of 2019/510]. According to Rishikesh;

a. “On enquiry, it is found that the case record has already reached the Court on
14/12/2018. While we were in the room of the Ld. Spl. PP, Sir Jogeshchandra
Haobijam (SP/Imphal West) and senior advocate Sir Chandrajit Sharma also came
to the room unexpectedly. Both of them asked us, i.e., self and the IO, why we were
in the Court and the charge sheet of the above mentioned Case is needed to be
withdrawn. Sir Jogeshchandra told to SI Radhakishore to take back the case record.
In that we told them, the case record has already been received by the court
yesterday, i.e., on 14/12/2018. It may be mentioned that, some officers enquired to
the IO whether the Case may be withdrawn from the court."

17. According to the affidavit of T. Bipinchandra Singh, Spl. P.P., Special Court (NDPS)
Manipur, dated 16th March 2019;

8 War Against Drug” and a scandalous situation in Manipur

 a. “I already understood that Shri Jogeshcandra Haobijam and Shri H. Chandrajit
Sharma had come to ask the I.O. to withdraw the charge sheet. This was because I
had already learned from the I.O. that the higher authorities had been putting
pressure on him and O.C., NAB P.S. for withdrawal of the charge sheet.”

18. Advocate H. Chandrajit Sharma, refuted the above allegation in his affidavit, dated 19th
March 2019. However, he could not deny that many influential persons were taking the
issue either personally or with keen interest, possibly in a positive sense. According to
Chandrajit;

a. “2.1. [On 14.12. 2018] …one Priyo made call from his cell phone asking me to talk
with Hon’ble CM (Chief Minister of Manipur). He gave his cell phone to Hon’ble
CM and then, the Hon’ble CM told me that he was desirous of meeting with me.
… Then, Priyo picked up me and I went to CM-Bungalow. … Hon’ble CM told me
the following: “[Loose English translation from Manipuri] Eigya, I have called you
as the chairman of the Bar [All Manipur Bar Association] to confirm if the charge
sheet connected to the FIR of ADC Chandel [Lhukhosei] is being submitted or not.
Since I am against drug, and fully active in the ongoing ‘war against drug’ I would
like to know if the charge sheet has been submitted in the proper place….

b. 3.2 [On 15.12.2018] … at about 10.30 a.m. the then S.P., Imphal West District,
namely, Jogeshchandra Haobijam, I.P.S., came to my chamber. He told me that he
didn’t know which court is for NDPS Court at Lamphel and he asked me to go with
him at Lamphel Court Complex. He continued that he was instructed to confirm
whether the charge sheet of the Case involving ADC, Chandel had been submitted
to the court or not.”

19. Indeed, Chandrajit was officially not a counsel of either Lhukhosei or any of the co-
accused. But many believed that he had been an influential senior advocate known for
informal assistance to and mediation of many cases of serious natures. It is uncertain if he
was lying in dragging the name of the Chief Minister in his affidavit to substantiate the
reason for his controversial visit to the Court. If he was telling the truth, it would be
surprising to learn that the CM who was holding the ministerial portfolio of Home
Department was not calling a report of the Case directly from the police department but
seeking the help of an advocate just to confirm if the charge sheet had been registered. And
for that matter, it is even more surprising that the CM would not speak on the phone but
send someone to pick up the advocate to discuss the matter privately and confidentially in
the CM Bungalow. Something fishy was going on. It will be hard to believe Chandrajit’s
affidavit in its entirety. But, either the Chief Minister was unaware of the affidavit, or he
decided to remain silent; there was no official clarification from the CM Office on the
matter. At the same time, it is even more difficult to believe that an IPS officer, a Manipuri
who was the S.P. of Imphal West District, who should have been well acquainted with the
location of important offices under his jurisdiction, would visit an advocate to ask for the
address of the NDPS Court. Many could not believe this story. But, what was the exact
response of the DGP to the complaint by Judge? The public is unaware of it. Chandrajit
pleaded innocence and resigned from the post of the President of All Manipur Bar

War Against Drug” and a scandalous situation in Manipur 9

 Association on 20th March 2019. The issue raised by the Judge was supposedly rested into
peace by the Bar Council of Manipur. Whose interest did it serve? It is difficult to say.

20. As for Lhukhosei, he was traceless for many weeks. The Court finally declared Lhukhosei
a proclaimed absconder on 27th March 2019. After that, nothing much was covered by the
media about Lhukhosei. However, in response to the matter raised by the opposition party,
the Chief Minister, on 26th August 2019, stated on the floor of the Assembly that Lhukhosei
might have been in Myanmar and that the government would contact Interpol through CBI
to search and arrest Lhukhosei. It is not confirmed if the Case was later handed over to the
CBI, or was there any serious attempt to arrest Lhukhosei with the help of Interpol.
Coincidentally, on the same day, the Hill Tribal Council Moreh and Kuki Chiefs'
Association Tengnoupal challenged that Lhukhosei had nothing to do with the drugs.
According to their statement, the drugs belonged to “Chinliankhup of Phaicham Veng
Moreh Ward No 3, Sianjathang of Gamnom Veng Moreh Ward No 2, Niangkasuan of
Gamnom Veng Moreh Ward No 2, Tungkhanmung of Gamnom Veng Moreh Ward 2,
Niang-en (Teressa) of Phaicham Veng Moreh Ward No 3, Nianhauching @ Martha of
Home Guard Veng Moreh Ward No 1, and Pausuanlam @ Paupu of Gamnom Veng Moreh
Ward No 2.” NAB reportedly sent summon letters to those persons and organisations.
There was no response. NAB did not follow up with any action. Why?

(v)
Mediated surrender

21. Lhukhosei might have been faded from public memory for more than a year. The media
was entirely silent about him and the Case. However, an unofficial discreet channel of
communication and dealing seemed working. Some highly influential sections seemed to
be involved in the backdoor channel. The objective was to bring back Lhukhosei to an
overground existence to resume business. The then Judge was informed about a prospect
of surrender. Was there a serious difference in objectives and opinions regarding the
handling of Case; the public was not informed. But the Judge hinted about the prospect of
surrender to some police officers. Some of them perceived a potential manipulative strategy
to intervene in the administration of a fair trial and justice. Their suspicion was
strengthened when unwanted incidents were unfolded one after another.

22. First, there was attempted tampering with evidence, such as remnants of the drug samples
sent to the Forensic Science Laboratory (FSL). How did it happen? Who was responsible
for it? For what purpose? Under whose direction? There was no immediate answer to it.
But it was officially acknowledged by the Exhibit Challan, dated 19th December 2019 that
All the original samples, i.e., remnants from FSL, Pangei, which were the remnants of the
samples of the narcotic substances booked under FIR 43 (6) 2018 NAB-PS, could not be
traced out. According to the letter of O.C. (NAB-PS, Manipur) No. 18/B/ NAB-
PS/2019/6/5, dated 23rd January 2020, addressed to the Spl. P.P. to Spl. Judge ND&PS,
Manipur;

a. “Kindly refer to your signal No. 10/11 PP to SPL. (C) ND&PS/2020 Dtd.
02/01/2020 regarding submission of all the original samples i.e., remnants from

10 War Against Drug” and a scandalous situation in Manipur

 FSL, Pangei (A1, B1, C1, D1, E1, G1, H5, H7, H9, H§11, V11, V13, V15, V17,
V19, V21, V23, V25, V27, V29 and Z1) in c/w case Fir No. 43 (6) 2018 NAB-PS
u/s 22 (b), 22 (c)/ 21 (c)/ 25/ 29/ 60 (3) ND&PS Act on 24/1/2020.

23. Second, Mr. Yumkham Rother, Judge, Special Court (ND&PS) Manipur was transferred
on 28th January 2019. The Judge was noted for rational and straight forward decision. He
was also noted for a strong position against illicit business in narcotic substances. He had
written against attempted intervention by influential persons against the Case. His father
was also a senior politician who had held many key ministerial posts in the past and had
political rivalries amongst those who form the government or in the opposition. But the
point is, what was the urgency that the authority had to transfer the Judge just about a
month when Lhukhosei had to be surrendered before the Court? The timing of the transfer
was taken seriously by many.

24. Third, the surrender of Lhukhosei was executed on the last day of the sitting of the 10th
Session of the Eleventh Manipur State Assembly on 28th February 2020. Many suspected
that the timing was not a mere coincidence. The schedule was possibly fixed with a political
consideration to do away with potential uproar in the Assembly if in Case it was executed
on an earlier date while the Assembly was still in business. Why was the the matter not
discussed or informed on the floor of the Assembly? In as much as the date could not be
preponed, the surrender could not be postponed due to desperate need that had been
pressing for a long time while the former Judge was still there. Was there a political
calculation as Lhukhosei must play crucial roles in the upcoming ADC Election in 2020?
28th February, that is, Friday and the last day of the Assembly session might be appropriate
timing. The next two days would also be freed from any legal complaints as courts are not
expected to function in the next two days, i.e., fourth Saturday and Sunday. But who were
involved in fixing the date?

25. In the eyes of the public, Lhukhosei suddenly appeared overground on 28th February 2020.
The Court allowed him to surrender, vide Order dated 28th February 2020 in Criminal Misc.
Case No. 51 of 2020 and remanded him into judicial custody. Many were surprised at this.
Could an absconder suddenly reappear from nowhere and surrender before the Court
without a formal communication under due process of law? Was the NAB-PS officially
informed about it? There is no document to substantiate it. Are the public legitimate in
suspecting a back door channel by influential politicians and bureaucrats with vested
personal interests? Was black money a determinant factor in executing this plan? Why is
the public suspecting gold digging out of the issue by the family members or relatives of
some influential legislators? Suspicions and rumours were spreading. Public pointed
fingers at many. They found it difficult to either spell out openly or authenticate. But
perceptions of mistrust and frustration were fully developed.

26. By the time Lhukhosei was about to surrender, a new Judge was on the seat. She began
expediting the Case in an unprecedented swift manner that many began to suspect. On 29th
February 2020, the following day after the surrender, the Judge framed charges against
Lhukhosei for necessary trial. On 3rd March, vide Addl. Director-General of Police (Intl),
vide Order No. 4/2/2016—NAB/GD/415, an Enquiry Committee was constituted to

War Against Drug” and a scandalous situation in Manipur 11

 enquire into the missing exhibits from the Malkhana of NAB PS, Manipur. According to
the findings of the Enquiry Committee, dated 17th March;

a. “The said missing exhibits of FIR No. 43 (06) 2018 NAB PS are remnants of the
original sample which were sent to FSL Pangei for examination. As evident by
documents, the said exhibits were returned from FSL Pangei on 28/07/2018 along
with the expert opinion report and were collected by ASI Th. Niranjan Singh from
FSL, Pangei. These were then deposited to LC of NAB PS Jangkhohao Haokip as
was the procedure. The LC acknowledged the receipt of these remnants. Then, the
LC Jangkhohao Haokip segregated the expert opinion report and gave it to the I.O.
of the Case SI Ashok Kumar for case documentation. (this is shown by his signature
in Exhibit J which is the Expert Opinion Register). Only the remnants of the
exhibits which were returned along with the expert opinion report from FSL Pangei
were handed over to the then OC NAB PS B. Rishikesh Sharma. This is shown by
his signature on the Remnant register maintained by NAB PS (Exhibit I). However,
this exhibit correspondence with FSL Pangei was not updated in the Malkhana
register of NAB PS. … In such circumstance, handing-taking over of the Malkhana
exhibits cannot be carried out when the present OC NAB PS took charge, and hence
it cannot be verified as to whether the said exhibits were inside the Malkhana of
NAB PS when he took charge. In the present circumstance, the Malkhana of NAB
PS was thoroughly checked in order to find the missing exhibits but the said items
cannot be traced.”

27. Who was responsible for the missing exhibits? Can any lower officer do it without
instruction from a powerful boss? Who were the bosses? Were there uniformed agents of
drug kingpins in the NAB? Who were the police officers transferred to NAB after the
charge sheet have been prepared and registered? Is it true that some influential legislatures
have transferred their handpicked officer (s) in the NAB to deal with drug-related cases for
the reasons they know best? Why was the issue of missing exhibits taken up recently after
Lhukhosei had surrendered? Why were two officers suspended on 2nd June 2020, only after
the issue became scandalous? The wife of Lhukhosei Mrs. Lameng Zou used the
information of the missing exhibits as a referral point to plead the innocence of Lhukhosei.
She filed a bail application after some weeks, on 20th April 2020. The bail application
raised two basic demands; (1) innocence of Lhukhosei, and (2) grant of bail on medical
ground. First, she pleaded the innocence of Lukhosei. According to her, Lhukhosei was
arrested by police on mere suspicion. No incriminating articles were recovered from his
possession or on his information whatsoever. Remnants of the drug samples from Forensic
Science Laboratory could not be traced, and as such, the examination of P.E. could not be
completed. Second, Lukhosei had not run away from the Court. He could not appear before
the Court as an underground armed group christened Kuki National Army Eastern
Zalen’gam (Burma) abducted him on 5th January 2019. It was only after the completion of
the inquiry conducted against him that KNA released him. Unauthenticated copies of
medical reports supposedly prepared while Lhukhosei was under the custody of the KNA,
as submitted by Lameng, would suggest that he was present in Myanmar as late as 17th
August 2019. The documents needed authentication. Third, according to Lameng,
Lhukhosei had been suffering from chronic illness, as substantiated by the medical report

12 War Against Drug” and a scandalous situation in Manipur

 prepared in Myanmar. On 16th April 2019, she went to Manipur Central Jail to meet
Lhukhosei. The jail authority informed that her husband had been seriously ill. "Due to
lack of medical facilities, the jail authority could not provide proper treatment inside the
jail, and the life of the accused person is in danger. And hence, it is therefore prayed for
releasing him on bail to enable him to treat his illness in a well-equipped hospital."

28. Regarding the claim of innocence, it is for the Court to decide based on a fair trial. But
regarding the reported missing exhibits, legal experts suggested that since FSL reports,
duplicate sample, and permanent were under custodial protection, the missing of the
remnants would not affect the merit of the charges. Leaving aside, the story of kidnapping
by KNA has to be questioned. The story of kidnapping on 5th January 2019, submitted on
20th April 2020, contradicted what Lameng had stated in the Court a year ago. On 8th
January 2019 Lameng stated that “yesterday on 7.01.2019, the accused went to Dr.
Thokchom Sachindra Singh, Prof. and Head of Cardiological Dept. RIMS, Imphal who
gave him medical prescription and advised bed rest.” Was she then lying? Can she lie in
the Court? She had neither registered an FIR against the abduction nor informed the Court
about it. Moreover, how could KNA abduct such a high profile person and took him to
Myanmar without being detected by any of the several check posts on the way from Imphal
to Myanmar? Many could not believe this story.

29. The story of kidnapping was refuted by a press release sent via social media under the title
‘Apropos to the news item issued by IFP on 28th February 2020.’ Released in the name of
Kuki National Organisation /KNA (Burma) @ Eastern Zalengam, it refuted the story of
kidnapping. According to the release, “KNA (Burma) Eastern Zalengam operates only
within Kuki territory of Myanmar, and it is a well-known fact that Mr. Lhukhosei Zou is
overground worker of KNA-India, who is protected by soldiers of KNA-India in Moreh.
So, how can Myanmar based revolutionary group cross one of the most protected border
and abduct foreign national into Myanmar soil. … that, [he] was never abducted by any of
our operatives in Myanmar, it was only with his whims Mr. Lhukhosei @Sheshei Zou hide
himself from Indian authority taking refuge in Myanmar by giving some amount as a tax
to Myanmar authority.” The authenticity of this news could not be verified. As a result,
Manipur based newspapers did not print it. But such a report added to the doubtfulness
about the validity of the story of the kidnapping.

War Against Drug” and a scandalous situation in Manipur 13

 (vi)
The second bail

30. The second bail hearing procedure was controversial. Some people suspected diplomatic
and political maneuvering. Some used social media to raise pertinent questions. It so
happened that the Judge, on 20th April, vide No. Spl-C/NDPS/2020/224, dated 20th April
2020, enquired about the health status report of Lhukhosei. The Medical Officer, Manipur
Central Jail, Sajiwa replied on 22nd April, “[the inmate] has been suffering from
hypertension and gall bladder stone and prostate enlargement for the past few months. He
is complaining of on and off pain abdomen with dyspepsia. He has been given medication
also for the said complaints. However, his symptoms have not been relieved in spite of the
medications given. His blood pressure has remained uncontrolled also. Considering these
facts, it would be better for him to get treatment from a well equipped health institute,
outside the jail.” The S.P., Manipur Central Jail, Sajiwa also wrote, “It may be mentioned
that due to current lockdown and the closure of OPDs in Government referral Hospital for
Manipur Central Jail Sajiwa, i.e., JNIMS, this office is facing difficulties in treating such
major ailments which may need intervention of surgeons." These responses were
considered biased and cooked up to influence the sentiment and conscience of the Judge to
grant bail. It was is considered just a tip of an enormous iceberg of backdoor diplomacy,
bribery, and an unholy alliance of vested groups.

31. On 12th May 2020, the Judged asked the State authorities to provide a written assurance
through the Special Public Prosecutor if medical facilities could be provided to Lhukhosei.
The Judge also expressed empathy, as quoted by the media that she believed in everyone's
innocence unless proven guilty; "I have to consider everything, I have to decide on merit
and documents, the state has to give a written assurance that medical treatment can be given
to Zou.” At the same time, the Spl. P.P. (ND&PS), Court, Manipur, vide No. 10(11) Spl.
P.P. /NDPS/ 2020/ 3, addressed to the SP NAB-Imphal, requested for arranging the
treatment of Lhukhosei at state expense and furnish an undertaking to that effect on or
before 15th May 2020. According to this memo;

a. “the treatment sheets as referred by MO, Sajiwa Jail are old records which need to
be verified again by a competent and trustworthy medical team. The MO and SP,
Sajiwa Central jail also need to be examined in the present bail hearing about the
veracity of the claim. It may be mentioned that this Case being one of the most high
profile sensational cases involving high profile politician and as such there is a huge
pending scandal about attempt to remove the charge sheet from Court. To this, it is
requested that the SP, NAB kindly arrange for treatment of the said UTP at state
expense and furnish an undertaking to that effect on or before 15th May 2020.”

14 War Against Drug” and a scandalous situation in Manipur

32. On 13th May, the S.P. NAB-Manipur Memo. No. 6/9/2017-NAB/Cases, addressed to the
Addl. Director-General of Police (Prison), wrote;

a. “for arranging the treatment of the UTP Lhukhosei Zou at the State expense and to
furnish an undertaking to that effect on or before 15th May 2020…it is also pertinent
to mention here that the matter of treatment of Under Trial Prisoner is to be raised
by the jail authority as mandated under Model Prison Manual, 2016… [referred
Rule No. 7.49 and says] No prisoner should be allowed o stay in an outside hospital
except on ground of dire medical needs. In deserving cases, the opinion of Medical
Board constituted by the Chief Medical Officer of the district shall be obtained
while sending prisoners outside the prison on medical grounds.”

33. On 14th May, the Addl. Director-General of Police (Prisons) Manipur Memo No.
19/2/2020-IG(J)/65, addressed to the SP NAB, Manipur wrote;

a. “The health condition of this UTP is carefully monitored by the Medical Officer of
Manipur Central Jail, Sajiwa. The UTP Lhukhosei Zou will be taken to Government
Hospital for examination by specialist as and when it is needed after examination
by our Jail Doctors and on their recommendation.”

34. On 15th May 2020, the Special Court (ND&PS), Manipur, vide Memo No. Spl-
C/NDPS/2020/ 234-238, ordered;

a. “… the Addl. DGP (Prisons) Manipur is to take up immediate step for producing
the accused person before the Government Hospital for examination by competent
medical officer/ medical practitioner immediately and the medial examination
report be submitted before the Court on or before 18-05-2020 (before 1.00 pm.).”

35. On 16th May 2020, the Medical Officer, Manipur Central Jail, Sajiwa, submitted the health
status report of Lhukhosei. According to the report;

a. “As submitted earlier, the inmate is having gall bladder stones (cholelethiasis) and
also suffering from high blood pressure. He has been referred to JNIMS today as a
special case as directed from the honourable court. He has been examined by Dr.
Varneikhup Chiru, Sr. Resident, Surgery Department. As per the examination
report, he needs to undergo cholecystectomy, but it could not be done due to non-
availability or routine surgery in JNIMS (Due to lockdown). He has been advised
to attend S-OPD when routine surgery assumes for date fixation of surgery and
further management. He has been provided the medication prescribed by the
surgeon.”

War Against Drug” and a scandalous situation in Manipur 15

 36. On 18th May 2020, the Judge ordered;

a. “Received report, dated 16-05-2019 forwarded by the Superintendent, Manipur

Central Jail Sajiwa wherein mentioned about the medical examination report
furnished by the Medical Superintendent JNIMS Hospital and Medical Officer,
Manipur Central Jail, Sajiwa. … It appears that the accused person Lhukhosei Zou
was examined by one Dr. Varneikhup Chiru. Sr. Resident, Surgery Department,
JNIMS. As per examination report, the accused Lhukhosei Zou needs to undergo
Cholecystectomy, but it could not be done due to non-availability of routine surgery
in JNIMS due to lockdown. … I am inclined to examine the doctor namely Dr.
Vaneikhup Chiru, Sr. Resident, Surgery Department, JNIMS who examined the
accused person Lhukhosei Zou as Court Witness. Issue summons to Dr.
Varneikhup Chiru, Sr. Resident, Surgery Department, JNIMS to appear on 21-05-
2020 at 10.30 am through O.C. Porompat P.S.”

37. On 21st May 2020, the Judge, vide Memo. No. Spl-C/ND&PS/ 2020/ 239-240, granted bail
to Lhukhosei. According to the Order;

a. “On minute perusal of all the records available before me, it reveals that the accused
person is sick critical illness such as HB+ve and is a patient who needs
Cholecystectomy. This Court is conscious of the stringent provision content in Sec.
37 of the ND&PS Act and I am also conscious of the fact that a charge has already
been framed against the accused person Lhukhosei Zou & others and trial is going
on in full swing. However, due to Covid-19 Pandemic, the trial cannot be concluded
in the near future and at this stage, it is not necessary to consider the issue of
violation of Sec. 42 of the ND&PS Act. … And at the moment, the patient cannot
undergo cholecystectomy due to non-availability of routine surgery in JNIMS
because of lockdown due to Covid-19 Pandemic. And no one cay say when the
Covid-19 Pandemic shall come to an end. … Considering all these facts and
circumstances of the Case, I am inclined to release the accused person on interim
bail on medical ground for a period of 3 weeks from today by invoking the
provision u/s 439 Cr. P.C. so as to enable him to treat and undergo Cholecystectomy
in a well-equipped hospital on his executing PR Bond of Rs. 20,00,000/- with two
sureties each of like amount with the condition that the accused shall not leave the
State of Manipur without prior permission of the Court.”

16 War Against Drug” and a scandalous situation in Manipur

 (vii)
The controversy

38. On 20th April 2020, the wife of Lhukhosei Zou Mrs. Lameng Zou, vide Criminal.
Miscellaneous (B) Case Number 103 of 2020, registered in the Special Court (ND&PS),
Manipur, prayed for the release on bail on the medical ground of her husband Lhukhosei
Zou. The hearings of bail application were subsequently held on 20th, 22nd, and 24th of
April, and continued on 8th, 12th, 15th, 18th, and 21st May. This speedy process of hearings
appears to be on a desirable track for the Zou family despite restrictions due to the ongoing
lockdown vis-à-vis Covid-19 pandemic that has largely affected the normal functioning of
the judiciary. But many were unhappy. Many suspected that there were interventions by
influential peoples to manipulate the procedure of the Court. First, they felt that the health
status report and recommendation for treatment outside the jail were not based on the
expert opinion of a Medical Board. Second, they felt that the Court, instead of granting
bail, could have passed an exceptional order for an exceptional circumstance entrusting the
Jail Authority to treat the highly sensational accused in a better-equipped hospital. Third,
many discovered that hundreds of surgeries were carried out at the JNIMS throughout
March, April, and May despite lockdown due to the Covid-19 pandemic. They suspected
that the Judge was in collusion with those who cooked up stories of lies to enable the grant
of bail.

39. Among those who suspected the fairness and sincerity of the Judge was the Additional SP,
NAB Manipur, Mrs. Thounaojam Brinda. She was involved in the raids and arrests of 19-
20 June 2018 and afterward. On 13th August 2018, she was awarded the Chief Minister's
Police Medal for Gallantry. On 26th September 2019, she was awarded for the best
performing officer against smuggled and counterfeit trade, by FICCI Cascade (Federation
of Indian Chamber of Commerce and Industry) in New Delhi. During the bail hearings of
Lhukhosei, the enthusiastic roles displayed by Brinda was not appreciated by the Judge
who considered it beyond the decorum of the Court. Brinda was also disappointed with the
Judge. She made a distinction between the Court as an institution of justice and the Judge
as a designated officer employed to administer judicial proceeding. While she idolised the
Court as an infallible institution of justice, she considered the incumbent Judge as failing
to protect the sanctity of the infallible institution. Because of the difference in perception,
approach, conduct, and objective, the Judge took a decision against her in the bail order,
dated 21st May 2020. According to the bail order;

a. “… While examining the witness, the Addl. S.P. NAB, Manipur Smt. Th. Brinda
entered into the Court room without prior information of the Court and prayed the
Court through Spl. PP for allowing her to put direct questions to the witness. The
prayer for direct question by Addl. S.P. NAB Manipur to the witness is turn down
and Spl. PP is asked to put question to the witness. Thereafter, while examining the
witness in the Court room, the Addl. S.P. NAB Manipur has threatened the witness
(Dr. T.D. Varneikip Chiru) and the witness prayed the Court for giving protection.
The Court asked the Ld. Spl. PP who is present in the Court to control his client/
Addl. S.P. NAB Manipur, later Spl. PP submits to the Court that he will control the
officer who created chaos in the Court room. The situation was brought under

War Against Drug” and a scandalous situation in Manipur 17

 control… The Court is of the view that the manner in which the Addl. S.P. NAB
Manipur acted in the Court while examining the witness is very unfortunate and in
my opinion, it seems that the lady officer fails to respect and observe the decorum
of the Court and it might be due to lack of supervision and instruction from higher
officers of the Manipur Police Department.”

40. The same day, at 23:59 pm, Brinda posted a comment on her Facebook account. She wrote,
“You can use Covid, u can abuse lockdown, u can use gallstone to let off a bail jumper
Druglord, You allow Manipur to be destroyed. You can do many things. I just give you my
middle finger.” The following day, dated 22nd May, at 9:56 am, Brinda posted another
comment on her Facebook account. She wrote, “The doctor lied under oath in the Court.
Said Druglord’s Gallstone Doesn’t need immediate medical attention and later said it is
Major Case. You exposed yourself. Now you want Security. The system is sick and so is
its criminal justice system. [English translation from Manipuri: Next by next there will be
more. Since this is not your nation you do not love Manipur. You will involve in
disintegrating and destroying the nation. Isn’t it boot licking and opportunity farming!
Slave.]”

41. The same day the SP NAB-Manipur served a notice to Brinda calling for an explanation in
response to the charges made by the Judge. The same day a conglomeration of community
organisations comprising the United Zou Organisation, Zou Youth Organisation, Zou
Sangnaupang Pawlpi released a press communique in defence of Lhukhosei. According to
the communique, “Shri Lkhukhosei Zou is a reputed leader of the Hill People and has been
fighting different ailments in Sajiwa Central Jail, Imphal. He has been serving the society
diligently in different fronts till date until wrongly implicated.”

42. The following day, dated 23rd May, Brinda uploaded another wall post on her Facebook
account. She wrote;

a. “Burden of Proof in Narcotic Drugs & Psychotropic Substances Act, 1985.

‘Everyone is innocent until one is proven guilty. Hence ADC, the under trial
prisoner is innocent to me until proven guilty.’ Madame Judge Special ND&PS
Court, Lamphel said in open Court bail hearing of Druglord. Ibema [sissy] Madame,
Narcotic Drugs & Psychotropic Substances Act carries reverse burden of proof with
a culpable mental state of the accused. He is presumed to be guilty consequent to
recovery of contraband from him, and it is for the accused to establish his innocence
unlike the normal rule of criminal jurisprudence that an accused is presumed to be
innocent unless proved guilty. But that does not absolve the prosecution from
establishing a prima facie case only where after the burden shifts to the accused.
And prima facie Case is that the drugs were arrested from him. [English translation
from Manipuri: Since you want public trial it has to be. If you are law illiterate, I
will teach you free of cost. Do not sale away the nation. Don’t forget that we also
have a share in it. And one thing, as you are lobbying against me for raising middle
finger, I will explain the reasons to the public. The reasons include you as well.]
Just because you preside a Court does not permit you to sacrilege it. Fuck you.”

18 War Against Drug” and a scandalous situation in Manipur

43. The same day the All Manipur Judicial Officers' Association submitted a complaint to the
S.P., Cyber Crime demanding necessary steps to book the Brinda and her followers on the
ground of derogatory comments undermining the image of the judicial institution. The
following day, that is, 24th May 2020, Brinda was transferred from NAB to “On
compulsory Waiting (attached to PHQ).” Brinda responded with another post on her
Facebook account that read;

i. “All the judges, lawyers association and who not are up arms against a small
police officer for standing up against a gross injustice that affects the most
critical public interest and which will decide the future of the children of
Manipur. I am proving how biased and compromised your sacrosanct Judge
is and how she is desecrating the Court's sanctum, abusing her position and
power to influence the outcome of the Case. All of you are responsible for
the pathetic state of affair in Manipur and what will take place in future. My
middle finger tried to avert it by throwing the Case to public as the biased
and the powerful conspiracy behind it will never permit just and fair trial. I
asked you to respect law. Gave you a just case. You breached it from the
pedestal of your temple. Bring it on baby, send me to jail. I am prepared for
that. I will prove how biased you are, how you misinterpreted the laws and
misinformed the parties and public in the entire course of the trial after you
took up the Case. And then, your coxed supporters will put their foot in their
mouth. You are a blot on the Indian Judiciary. I give you my Trudeau Salute
once again and I am proud of that. And none can force me to honour a
temple with shit in it."

44. On 26th May, the Judge, vide Memo No. Spl. C/NDPS/2020/244, field a complaint
demanding the High Court of Manipur to initiate contempt proceeding against Brinda. The
same day, the Government of Manipur, vide No. 7/2/88-GA/L (Pt), transferred the Addl.
Public Prosecutor cum Addl. Govt. Advocate (District) Manipur from Special Court
(ND&PS), Manipur to District & Sessions Court, Churachandpur. Many were shocked at
this sudden transfer. It was considered untimely and premeditated with bad intension by
those who were in power. Many believed that the transfers of Brinda and the Addl. Public
Prosecutor, the two important persons who were involved in the Case from the beginning,
were aimed at sabotaging the Case. It was also perceived as a warning to the potential
officials who may otherwise raise heads against the manipulation of the judicial process by
the powerful.

45. On 29th May 2020, Brinda submitted a “Detailed report in connection with the Order passed
by the Hon’ble Special Court (ND&PS) on 21-5-2020 in Cril. Misc. (B) Case No. 103 of
2020 (Ref: FIR No. 43(6) 2018 NAB PS U/s 22(b)/22(c)/25/29/60(3) 2018 NAB PS Act."
She complained that bail hearings were held with predesigned determination one after
another speedily or hastily violating social distancing norms as prescribed by the
government during the lockdown due to the Covid-19 pandemic. She wrote;

a. “On 19/05/2020 bail hearing, after the arguments were put and when the difference
in the size of the gallstone in two different reports were pointed out, the SPP prayed

War Against Drug” and a scandalous situation in Manipur 19

 to the Court to issue directives to form a Medical Board (as this medical bail was
without the mandatory opinion of a Medical Board) and examine the Jail SP and
Medical Officer (MO). … The Judge deafened the voice of the SPP who prayed for
a Medical Board and examination of Jail SP and MO. Further, without any
consultation, the Judge went to summon only JNIMS Sr Resident Surgeon for
examination and fixed the date for 21/05/2020. … [on 21/05/2020], … That, during
the course of the Court proceedings, when the Medical Expert who alleged to have
examined and given treatment to the accused in the Casualty Ward of JNIMS as
one of the Court witnesses, gave conflicting statements regarding the medical
condition of the accused person having regard to the opinion of Medical Officer
(Jail) and SP (Jail). … At this point, I sought permission of the Hon’ble Court
through the Special PP. to pose some question to the witness. Unfortunately, the
Hon’ble Court did not grant me permission. … Since permission was not granted,
I obliged the judicial discretion and I did not ask anything directly but suggested
the Special PP to ask my desired questions to assist the court. Further, taking into
consideration of the inclination of the Hon’ble Court to release the accused on bail,
I suggested the Special PP to ask the witness doctor if Lhukhosei Zou case needed
surgery or not. To this, the Judge replied that the doctor cannot say that as the
decision is supposed to be taken by her higher ups who are decision makers to the
Case. I clearly sensed a conspiracy in all possibility afoot. … In the entire course
of the bail hearing, the SPP had pleaded before the Hon’ble Court about the earlier
bail granted to the accused and subsequent jumping of bail and thereafter,
surrendering after more than one year by stating that he was abducted by some
underground elements which kept him in confinement in Myanmar and as such
there is threat perception to the life of the accused and it will not be proper to release
on bail. Moreover, the accused can also be treated at the expense of the State and
considering his history, it may not be proper to release on bail. However, the
Hon’ble Court did not allow the Special PP to submit those lines properly by bull
dodging. In such helpless situation, I left the Court premises dejected with the
intention of making proposal for filing revision petition against the order passed by
Ld. Special Judge(ND&PS), Imphal West enlarging the accused on bail.”

46. On 2nd June 2020, Brinda approached the High Court of Manipur and filed a “Complaint
against Hon’ble Judge Noutuneshwari Devi, Judge Special Court (ND&PS) in connection
with Cril. Misc.(B) Case No. 103 of 2020 (Ref: FIR No. 43(6) 2018 NAB PS U/s
22(b)/22(c)/25/29/60(3) 2018 NAB PS.” The complaint detailed the history of the Case,
issues surrounding it, and attempted manipulation by powerful people to intervene in the
administration of justice. She wrote;

a. “… The nature and manner in which interim bail was granted to the UTP in the said
Case even without referring to a competent Medical Board and also responding to
the question put by the Ld. SPP to the Lady Doctor by the Court itself seems to be
not ordinary in the normal course of transaction of a Court which is following due
process of law but under the influence of some extraneous consideration and
therefore, for restoring the faith of general public, appropriate enquiry may kindly
be initiated against the Judge…”

20 War Against Drug” and a scandalous situation in Manipur

47. The cases are pending in the High Court of Manipur. The two cases are pitting both the
petitioners one against another. First, the charge against Brinda was for the contempt of
court, that is, dishonouring the decorum of the Court and maligning the image of the Judge
and the Order. There is no denying that Brinda had raised middle finger in the Court and
had posted offensive comments against the Judge on the social media. Many legal
practitioners and judicial officers consider that she is wrong. However, she remains
unapologetic on the ground that extraordinary circumstances created by a corrupt Judge
demanded extraordinary expressions to expose the unfair trial to defend the sanctity of the
Court. She said she would not worry for the protection of her job and would willingly go
to jail if the High Court would convict her. Second, the charge against the Judge was also
for the contempt of court, that is, alleged desacralisation of the sanctity of the judiciary by
the Judge for personal gain involving favouritism and bribery. The commonality is that;
(a) both stood to defend the institution of Judiciary, (b) both are the subjects of accusation,
(c) both are complainants and defendants, and (d) both prayed for speedy delivery of
justice. If the Judge wins, will it lead to a defeat of Brinda’s efforts to enable conviction of
Lhukhosei and the co-accused? If Brinda wins, will there be a review of the judicial
hearings and more stringent investigation into the case by a more competent authority?
Will both win or defeat or negotiate for a compromise? Whom to trust to conduct fair trials
when there are prospects of lobbying by influential peoples and the judicial orders can
become controversial? While the focus of the attention is predominantly on the question of
the Contempt of Law, what happened to “war against drug”?

(viii)
Generalised context

48. Supply creates demand, which in turn facilitates the perpetual growth of production and
supply. This is the law of dynamic interconnection between commodity production,
circulation, and consumption. This dynamic interconnection involves the growth of
capitalist producers, labours, managers, distributors, consumers, and complex sets of
market networks. In the societies where the norm of commodity fetishism prevails due to
subjective inclinations for production and supply to extract maximum surplus value and
accumulate market profits, the development of wide-scale production and supply of
addictive commodities that could have disastrous impacts becomes self-propellant. In
principle, under such circumstances, the role of an ideal State naturally comes in to exercise
legislations and entrust the execution of administrations to regulate and promote the
production, supply, and consumption of the commodities that have positive consequences
in fulfilling the necessities of healthy survival and comforts of living. An ideal State must
enforce laws for the safety and welfare of the people. Production of commodities that
would have disastrous impacts on the society had to be banned, or restrictive regulations
had to be enforced against the products that are likely to be abused and misused for the
worst effects. In this, the judiciary stands a vital institution to interpret legislation and
deliver justice as per the law. The total is an overall functional expression of the political
economy.

War Against Drug” and a scandalous situation in Manipur 21

 49. Contemporary India’s political economy has been questioned for its absolute inclination
towards a liberal political economy, that is, a political system and social relations founded
on the economic base of private ownership of means of production, commodity production,
and distribution for the accumulation of wealth. The use of either fair or unfair means to
earn money becomes a predominant form. Social ownership of the means of production
and social production and distribution to serve social needs towards equity and progress
have been systematically discouraged and largely abandoned. The existence of a market
interest-driven economy, circulation of token currency, and the privatisation of both the
production of pharmaceutical commodities and distribution substantiate the point. The
State does not directly engage in production and distribution to serve social needs but
merely collect taxes from the products and sales of legalised commodities, which were, in
fact, paid from the pockets of the consumers at the receiving ends. The point is, the
widespread production or distribution, and abuse of easily addictive narcotic drugs and
psychotropic substances such as—Amphetamine, Brown Sugar, Codeine, Cough syrups
and capsules, Crystal Methamphetamine ('ice', ice drug), Ephedrine, Heroin powder,
Methaqualone, Nitrosun-10 tablets, Opium, Pseudoephedrine, Spasmo-proxyvon capsules,
World is Yours (Methamphetamine), etc.—are the consequential reflection of the political
economy. Under this system producers and distributors are motivated by profit interest,
which is reinforced by the lapses in the enforcement of restrictions and regulations. At the
receiving ends, consumers became easily addicted, thereby, creating social malaise,
irreparable losses, and an epidemic like situation. Who to blame?

50. An overnight revolution that changes both the objective and subjective conditions cannot
be expected any sooner. However, the symbiotic relationship between production, supply,
and consumption is openly revealing. How do we figure out the best possible option within
the system? How do we proceed to overcome the worst effects of the illicit drug business
and addiction?

a. First, quarantine addicted consumers. But how? Who will do it? Who will trace and
arrest addicts? Where and under what conditions will they be quarantined? Does
the government have durable policies of detoxification and rehabilitation in
quarantine centres?

b. Second, promote social advocacy to discourage the abuse of narcotic drugs and
psychotropic substances. Volunteer organisations are doing it independent of
government financial support. However, experiences suggest that restraining
production and distributions have no immediate and effective result as supply had
catalytic impacts on the geometrical rise of consumers.

c. Third, launch popular movements against production and supply. But will it be
possible to find uncompromising and courageous full-time leaders and followers
when producers and suppliers are too powerful and influential, thereby risking the
lives of activists? Who will provide backing? In Manipur’s context, in the 1980s
and 90s, it was some of the insurgent groups who provided strong backing to
popular movements against alcoholism and abuse of narcotic drugs and
psychotropic substances. The insurgents were also directly involved in campaigns

22 War Against Drug” and a scandalous situation in Manipur

 and award of corporal and capital punishments to people who were involved in drug
trafficking. They had broad social bases and intelligence networks to identify and
trace drug traffickers. They were very effective in controlling alcoholism and the
abuse of drugs. Were they fully committed, or was it merely a tactic to expand mass
bases? How far will they succeed if they were given a free hand to continue with
it? I cannot predict it! But why were the legislators, administrators, and police not
doing the same campaign? The insurgents' activity did not last long, as most of
them had to flee Manipur due to the intensification of counter-insurgency. This
vacuum has not been effectively filled by good governance. On the contrary, people
suspect that politically influential and financially wealthy people are directly or
indirectly involve in illicit business in alcohol and drugs. Many of them are trying
to legalise the sale and distribution of imported alcohol. People know that drugs,
money, and alcohol are widely distributed in several constituent assemblies during
elections. Is this good governance? Will these people, when coming to power,
become good leaders?

d. Fourth, the existing laws, such as the Narcotic Drugs and Psychotropic Substances
Act, should be implemented in true spirit. The question is, are the people who enjoy
power and resources fully committed to addressing the drug epidemic? Over the
decades, thousands of small and marginal drug peddlers were arrested. Undisclosed
kingpins are possibly living splendid livelihood pursuing illicit drug business. On
some occasions, owners of vast consignments of drugs could not be identified for
several years due to political and bureaucratic manoeuvring. Police who played a
key role in the arrest of such consignment was suddenly transferred, or the entire
Special Intelligence Unit was disbanded. There was an occasion when drugs under
police custody were allegedly replaced with sawdust. There were occasions when
police failed to submit a charge sheet against an accused in time. There can be many
more examples.

War Against Drug” and a scandalous situation in Manipur 23

 (ix)
Appeal

51. I am a victim of the circumstances of the drug epidemic, which has been perpetuated by
the powerful and their agents who convert the society into a theatre of the struggle for
power, money, and personal glory. Fighting this epidemic requires an adequate amount of
time and labour to generate a systematic and conducive democratic communication
towards developing a collective effort comprising individuals, popular democratic
organisations, entrepreneurs, professionals, progressive NGOs and unions, legislators,
executives, law practitioners and judicial officers, administrators, law enforcing personnel,
cultural workers, and many more.

52. Any responsible citizen can contribute to this fight. As for now, I am left with no other
option than having a faith in the judiciary to freely express my fears, grievances, and
complaints against the manner that the society has been suffering from a genocidal impact
due to the drug epidemic. Precious lives were lost, properties wasted, and crimes increased
tremendously. I firmly believe that the judiciary will take note of the situation expressed in
my appeal and will come to the rescue of the people within the purview of its jurisdiction.
I wish that the Case cited above is re-investigated by a competent authority; to find and
penalise if anyone is involved in tampering of evidence, lies and forgery, bribery and
nepotism, obstructing the administration of fair trial and justice, misleading the public, and
sacralising the sanctity of the Court. I appeal that your Lordship may kindly take Suo Motu
Cognizance and defend the sanctity of the judiciary.

Thanking your Lordship for the judicious intervention in anticipation of justice.

Your humble appellant

Dr. Malem Ningthouja

Independent Researcher
Ph. D. in History from the University of Delhi
Former fellow at the Indian Institute of Advanced Study, Shimla

Phone number: +919899925345

Email ID: mningthouja@yahoo.com

New Delhi
Dated: 9th June 2020

Copy to:

1. Prime Minister of India

2. Home Minister of India, through the Home Secretary
3. Chief Justice, High Court of Manipur

24 War Against Drug” and a scandalous situation in Manipur