Delhi High Court reduces fine for two KCP militants who pleaded guilty but could not afford fine for release from jail

The Delhi High Court on Thursday reduced the fine imposed on two convicted militants belonging to the banned Kangleipak Communist Party (KCP) of Manipur after noting that their admission of guilt indicated a possibility of reform..A division bench of Justices Siddharth Mridul and Anish Dayal noted that the admission of guilt by the two convicts obviated the need for a full-fledged trial at the State’s expense and that it resulted in them nearly serving the full jail sentence of seven years.The reduction in fine has now paved the way for the release of these convicts as they were not able to pay the original fine of ₹39,000 each owing to their family’s financial status. The Court ordered them to pay ₹9,000 each instead.“In view of these facts and circumstances and the analysis provided above, it is the opinion of this Court that the fine imposed for each of the nine offences for which the appellants have been convicted be ₹1,000/- per offence (amounting to a total of ₹9,000/- for each appellant) and in default of payment thereof, SI [simple imprisonment] for one month for each offence (amounting to a total of nine months in default thereof for each appellant). It is directed accordingly,” the Court ordered..Khoiram Ranjit Singh @ Poerie Meiti and Pukhrihongam Prem Kumar Meiti @PK were convicted by a trial court on April 29, 2022, for various offences under the Indian Penal Code (IPC) as well as Unlawful Activities Prevention Act (UAPA) and Explosive Substances Act (ESA).The allegations were that they were active cadres of the KCP and involved in anti-national and terrorist activities in Manipur and other parts of the country. In furtherance of a larger conspiracy, they were also alleged to have procured arms and ammunition to carry out terrorist activities in other parts of India, including Delhi.Both the convicts had pleaded guilty to the charges framed against them. Singh’s socio-economic inquiry report revealed that he had an aged mother, three children and a wife (a cancer patient) who was the only earning member of the family. The annual income of the family was stated to be around ₹60,000.Meanwhile, Kumar's family had four children and a wife, who was again the sole earning member of the family and their annual income was stated to be around ₹90,000..The High Court considered the case and noted that since the appellants have been convicted for nine offences, the fine has ballooned to ₹39,000 and 30 months of additional sentence if the fine is not paid.“Since the substantive sentences run concurrently, the total effective substantive sentence to be served by the appellants is seven years each. The cumulative impact of the default of non-payment of fine would, therefore, amount to 30 months sentence, which is 2 ½ years for each of the appellants. Seen from this perspective, the default sentence would add up to more than one-fourth of the substantive sentence. Therefore, there is merit in the appellants’ submission that this would fall foul of the spirit and tenor of Section 65 IPC,” the Court observed.The bench examined the socio-economic report of the two convicts as well as their unblemished conduct in jail before reducing the fine..Advocates Tara Narula, Astha and Bijaharini Avula of the Delhi High Court Legal Services Committee (DHCLSC) appeared for appellants, Khoiram Ranjit Singh and Pukhrihongam Prem Kumar Meiti.The National Investigation Agency (NIA) was represented by Special Public Prosecutor Gautam Narayan, Public Prosecutor Zeenat Malik as well as advocates Asmita Singh, Harshit Goel, and Siddhant Singh..[Read Judgment].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.