In a significant decision, the Supreme Court has allowed the National Investigation Agency’s request to transfer eight criminal cases from the NIA special court in Imphal to Assam. These cases, registered under the Unlawful Activities (Prevention) Act, 1967, were originally investigated by the Manipur police before being handed over to the NIA.
A bench comprising Justices J.B. Pardiwala and R. Mahadevan cited the volatile situation in Manipur as the primary reason for the transfer. “The prevailing conditions in Manipur are not conducive for ensuring a free and fair trial,” the Court observed in its order. The transfer was made under Section 13(2) of the NIA Act, 2008, and Section 406 of the CrPC, 1973.
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The Supreme Court’s decision comes against the backdrop of ongoing ethnic violence in Manipur, which began in May 2023. The conflict primarily involves the Meitei and Kuki communities, with clashes over land, tribal rights, and political representation leaving over 200 people dead and displacing thousands. The unrest has severely impacted governance and judicial processes in the state.
During the hearing, Senior Advocate Colin Gonsalves, representing some of the respondents, proposed transferring the cases to Delhi to ensure neutrality. Advocates Siddhartha Borgohain and Ahanthem Henry suggested Mizoram or Meghalaya, citing practical difficulties such as blocked roads and high travel costs to Guwahati.
One respondent, a Kuki carpenter on bail, highlighted these challenges, stating, “All roads are blocked by militants. I cannot afford the travel expenses.” Addressing these concerns, Justice Pardiwala assured that the NIA would be responsible for ensuring the safety of the accused. The Court also allowed accused individuals on bail to attend proceedings via video conferencing to mitigate logistical hardships.
The Supreme Court’s decision mirrors its August 25, 2023, order, which transferred 27 Central Bureau of Investigation (CBI) cases from Manipur to Assam for similar reasons. The judgment underscores the judiciary’s efforts to uphold justice while acknowledging the challenges posed by the ongoing conflict in Manipur.
The transfer of these cases is part of a broader effort to restore law and order in Manipur, even as the state grapples with prolonged ethnic strife and deep-seated divisions.
