Today, the Supreme Court granted the transfer petition submitted by the National Investigation Agency (NIA), allowing the transfer of eight criminal cases currently pending before the NIA Special Court in Imphal, Manipur, to the NIA Special Court in Guwahati, Assam.

A bench comprising Justices J.B. Pardiwala and R. Mahadevan granted the NIA's transfer petition, acknowledging the agency's concern that the prevailing situation in the state of Manipur was not conducive to conducting a free and fair trial.

The eight criminal cases, which are unrelated to each other, fall under the Unlawful Activities (Prevention) Act, 1967. These cases were later transferred from the Manipur Police to the NIA for further investigation.

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."

The bench also noted that on August 25, 2023, the Court had ordered the transfer of 27 CBI cases from the state of Manipur to Assam, taking into account the prevailing situation in Manipur.

Before the Court, counsel for various respondents, including Senior Advocate Colin Gonsalves, appeared. Gonsalves requested that the trial be transferred to Delhi, while others, such as Advocate Siddhartha Borgohain, suggested transferring it to Mizoram or Meghalaya. Borgohain highlighted that Manipur has only one NIA court.

However, Justice Pardiwala remarked that the trials could only be transferred to one state. Additionally, Advocate Ahanthem Henry, representing respondent 13, argued that transferring the case from Manipur to Guwahati would not be feasible due to the high cost of air tickets and the blocked roads. He stated that the accused would not be able to afford the journey.

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."

In response, Justice Pardiwala stated that it would be the NIA's responsibility to ensure the safety of the accused. Taking this into account, 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."

Case Details: NATIONAL INVESTIGATION AGENCY Vs MD. NOOR HUSSAIN TOMBA NUR HASAN., T.P.(Crl.) No. 502-509/2024

Appearances: Senior Advocate Colin Gonsalves, Advocates Siddharth Borgohain and Ahanthem Henry