Order on December 15, 2006

Government of West Bengal

Home (Political) Department

Secret Section

O R D E R

No. 1403-P.S. Dated, Kolkata the 15th December, 2006.

WHEREAS it has been made to appear to the State Government that 34 (Thirty four) undertrial prisoners whose names and other particulars given below (hereinafter referred to as the said accused persons) in CBI, SCB Kolkata Case No.RC.1/S/98-Cal are now detained in the Presidency Correctional Home, Alipore as per order passed by the Supreme Court of India;

AND WHEREAS the Addl. District & Sessions Judge,2nd Fast Track Court, Bichar Bhawan, Bankshall Court Campus, Kolkata is going to conduct the trial on day to day basis as ordered by the Apex Court;

AND WHEREAS due regard has been paid to the nature of the offences for which and the grounds on which the said accused persons have been ordered to be confined;

AND WHEREAS the said accused persons have close links with various terrorist outfits and foreign intelligence agencies and have great attachment with many fundamentalist militant organizations;

AND WHEREAS the said accused persons have collected huge arms and ammunitions and the arms brought by them was meant for terrorists/militant outfits in North-East region of India to wage war against India and to destabalize the Govt. of India;

AND WHEREAS the said accused persons are hard core militants and are well trained in handling all types of arms and ammunitions;

AND WHEREAS two of the undertrial prisoners excluding the above mentioned 34 (Thirty four) accused have already escaped during civil custody;

AND WHEREAS it is apprehended that any movement of the said accused outside the premises of the Presidency Correctional Home may pose a serious problem for their personal safety;

AND WHEREAS there is livelihood of disturbance of public order during their transportation from the Correctional Home to the Court and back;

AND WHEREAS a number of escort party will be required during their movement and there is every livelihood that a lot of media and press people may come to cover the proceedings which may not be in the public interest;

NOW, THEREFORE, in exercise of the power conferred by Sub-Section (1) of Section 268 of the Code of Criminal Procedure, 1973 (2 of 1974), the Governor, on consideration of the above matters, is pleased hereby to direct that the said 34 9Thirty four) accused persons shall not be removed from the prison in which they are now confined and thereupon, so long as this order remains in force, no order made under Section 267 of the Code of Criminal Procedure, 1973 (2 of 1974), whether before or after issue of this Order, shall have effect in respect of the said accused persons.

Schedule

1. Khing Shwelinn, son of Shewkyan of Akyab Township P.S. Akyamnl District, Arakan, Burma;

2. Soe Soe, son of U Tinnin of Village Awataung, Kyauk-Pu Township, Arakan State, P.S. Rampray, Burma;

3. Moe Min Tun, son of U Tunway of Kyar Phyu Myo Ne Kalan Te Bak SU Moryin, Village, Burma;

4. Maung Nyo Sein, son of U Sanni of Village Nagan, P.S. & Township Mrukoo, Arakan State, Burma;

5. M. Aung Khinaye, son of U Maung Way Pru of House No. 445, Lan Ma, Madaw Kyauk Phya, Arakan State, Burma;

6. Chan Du, son of U May of Village Kanprinsu, P.S. & Township Kyaukpru, Arakan State, Burma;

7. Raythak, son of U Yi of Lay Taung Chaung Village Y Anabanemyo, Burma;

8. Khin Maung Kyi, son of Basanoo of Village Semaw, Township P.S. Kyankpeu, Arakan State, Burma;

9. Zawlin, son of Aung Zan of Myin Tnma Village Myinyarmyo Nai, Arakan State, Burma;

10.Aungzar Min, son of U Shwezan of Setaneklay, Yatkuel Myank Myo, Arakan State, Burma;

11.Khing Hla, son of Tun Sein of Village Yanchung, Kyuk Taw (Police Station & Township) Arakan State, Burma;

12.Khing Thamra, son of Hlabaw Tha of House No. 104, Minbar Gyi Street, Nayung Binziin, Murkw, District Sittwe, Arakan State, Burma;

13.Myo Myat, son of U Than Htun of Yan Bin Myo, Ywa Ma Kyan Ywa Ma Yuri Chin Island, Arakan State, Burma;

14.Min Tha Tun, son of U Kyaw Aung of Ugar Village Rathe Taung Myo Nai, Arakan State, Burma;

15.Khing San Thein, son of U Maung of House of Maypyin Nya, Town of Kayotow, Arakan State, Burma;

16.Tunyin, son of U Waysein Aung of Tunyi Yan Tit Market, Yaw Byay Township, Kyauk Hpyu District Arakan State, Burma;

17.Aung Naing, son of Win U Tun Kyaw of Sinku Road, Sittwe Town, Arakan State, Burma;

18.Hayli, son of U Pru of Street Lanthick, Lanthick Quartee Akyab-HF I.S. No. 1, Arakan State, Burma;

19.Khing Soe Linn, son of U Lun Chay of Village Sarpyin, Paw Taw (P.S. & Township) Arakan State, Burma;

20. Lu Lu, son of U Kyaw Ther of Village 23 Strand Road, Sittwe, Arakan State, Burma;

21. Thein Kyaw Aung, son of U Tun Tha Aung of Kalaga Mruk Oo, Arakan;

22.Soe Naing, son of Maung Nyo of Yan Kee Township, Shawe Done Saw

Min Kyi Road, Arakan State, Pakyawat, District Toungskey;

23.Dynya Lin, son of Tun Aung of South Rupa Quarter School Road, A-120, Akyab, Arakan State, Burma;

24.Thein Oung Gyaw, son of U Kan Gyi of Quarter No. IL Allay Yar, Maung Daw, Arakan;

25.Kayktit, son of Krasein of Village Fhetkaw, Pawburidst, Near Thailand Border, Burma;

26.Sahtho Tho, son of Basan of Village Eabeichow Katachauzu Police Station & District Myanmar, Burma;

27.Ywahe Tha, son of We tay of Village Thakuki, District Chaenkocha, Burma;

28.Cham Chit, son of U Naphe of Pawa Village Thane Thayi district, Burma;

29.San Lwin, son of Sein Thaw of Moesot, Trailand;

30.Daaye, son of U Pha Kuk of Village Kawcha, Police Station & District Kothrey, Myanmar, Burma;

31.Shwe La, son of Phala Nway of Village Mepliti, Kokrei District, Myanmar, Burma;

32.Pho Cho, son of Tha Min of Pasau Oh, Village & Police Station Palou, Tanethayetain, Burma (Myanmar);

33.Saw Bo, son of Saw Kulu of Khokra Village District Tanaserein, Burma 9Myanmar);

34.Maung NI, son of U Maung Soe, of Village Chajiong, Myaint, Myanmar (Karen);

By order of the Governor,

Special Secretary to the Govt. of West Bengal

No. 1403/1 (4)-P.S. Dated: 15.12.06

Copy forwarded for information and necessary action to:-

1. The Director General & Inspector General of Police, West Bengal.

2. The Commissioner of Police, Kolkata.

3. The Inspector General of Prisons, West Bengal.

4. The Superintendent of Police, CBI, SCB, Kolkata CGO Complex, 2nd Floor, ‘A’ wing DF Block, Salt Lake, Kolkata-700064- with reference to his No.DP/CAS/2006/1573/RC.1/S/98-Cal.dated 6.11.06 No. DP/CAS/2006/1720/RC.1/S/98-Cal dated 6.12.06.

Special Secretary to the Govt. of West Bengal