Manipur violence: Supreme Court transfers eight criminal cases to Assam's NIA Court

The Supreme Court today granted the National Investigation Agency's (NIA) request to transfer eight criminal cases from the NIA Special Court in Imphal, Manipur, to the NIA Special Court in Guwahati, Assam. 

The cases, registered under the Unlawful Activities (Prevention) Act, 1967, were transferred from the Manipur Police to the NIA for investigation.

A bench comprising Justices J.B. Pardiwala and R. Mahadevan allowed the transfer, citing the NIA's contention that the prevailing situation in Manipur was not conducive to ensuring a free and fair trial.

The Court therefore ordered: "This transfer petition, under Section 13(2) of the NIA Act, 2008 and Section 406 CrPC, 1973, is at the instance of the NIA (MHA), praying for transfer of the following cases from the NIA, Special Court, in Imphal, State of Manipur to NIA Special Court, Guwahati, Assam. We have heard Ms. Aishwarya Bhati, learned ASG for NIA, and learned counsel for accused persons in the eight cases referred to above. The transfer has been prayed for essentially on grounds that the situation at the State of Manipur is not conductive for the purpose of conducting free and fair trial in the cases referred above. In such circumstances, the NIA has requested to transfer to the NIA Special Court, Guwahati."

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The Court acknowledged the precedents, including its order on August 25, 2023, which transferred 27 Central Bureau of Investigation (CBI) cases from Manipur to Assam, considering similar concerns.

During the hearing, Senior Advocate Colin Gonsalves, representing some of the respondents, suggested transferring the cases to Delhi for neutrality. Advocates Siddhartha Borgohain and Ahanthem Henry proposed alternative states such as Mizoram or Meghalaya, citing practical challenges in transferring cases to Guwahati, including expensive air travel and inaccessible roads.

However, Justice Pardiwala emphasized the necessity of centralizing trials in one state and upheld the decision to transfer the cases to Assam.

He stated that the accused person would not be able to afford it. He said: "I am a carpenter..all roads are blocked by the militants..I am not in custody. I am out on bail.I am from kuki community."

To this, Justice Pardiwala stated that it will be NIA's responsibility to ensure the safety. Taking this as an important consideration, the Court further added in its order: "Some respondents expressed apprehension that it may be difficult for the clients to travel from Manipur to Assam, more particularly those accused on bail. To take care of such apprehension, we permit those accused on bail to join the proceedings through video conferencing."