Supreme Court Allows NIA’s Transfer Petition To Transfer 8 Criminal Cases from Manipur To Assam
On November 26, 2024 (Today), the Supreme Court (SC) of India allowed the transfer petition filed by the NIA (National Investigation Agency). The petition sought the transfer of 8 criminal cases (under the Unlawful Activities Prevention Act, 1967) pending before the NIA Special Court, Imphal, Manipur, to the NIA Special Court, Guwahati, Assam. The two-judge bench of the SC considered the NIA’s prayer that the situation in Manipur was not conducive for conducting a free and fair trial and allowed the NLA’a transfer petition.
The bench constituting Justice JB Pardiwala and Justice R. Mahadevan said, “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.”
During the proceedings, different counsels appeared for different respondents. Senior Advocate Colin Gonsalves prayed to transfer the trial to Delhi whereas other advocates prayed to transfer the trial to Meghalaya or Mizoram. Further, Advocate Ahanthem Henry said that is not feasible to transfer from Manipur to Guwahati as the air ticket is expensive. The bench further ordered, “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." Overall, the top Court allowed the NIA’s transfer petition so as to provide a free and fair trial.
