GUWAHATI: The Supreme Court approved the transfer of eight criminal cases from the NIA Special Court in Imphal, Manipur, to the NIA Special Court in Guwahati, Assam, on Wednesday, November 26.
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Registered under the Unlawful Activities (Prevention) Act, 1967, these cases were initially investigated by the Manipur Police, but have now been handed over to the National Investigation Agency.
A bench comprising Justices J.B. Pardiwala and R. Mahadevan granted the transfer after hearing arguments from Additional Solicitor General Aishwarya Bhati, representing the NIA, and the defense counsels. The NIA argued that the prevailing unrest in Manipur rendered it impossible to ensure a free and fair trial within the state.
During the hearing, Senior Advocate Colin Gonsalves, representing some respondents, suggested transferring the cases to Delhi for neutrality. Advocates Siddhartha Borgohain and Ahanthem Henry proposed alternative states like Mizoram or Meghalaya, citing logistical challenges in accessing Guwahati.
One respondent, a Kuki community member and carpenter, emphasised these challenges, stating, “All roads are blocked by militants…I am out on bail and cannot afford the travel.”
Citing these concerns, the bench invoked Section 13(2) of the NIA Act, 2008, and Section 406 of the CrPC, 1973, to authorise the transfer. The decision also aligns with precedents, including the Supreme Court’s earlier order on August 25, 2023, which transferred 27 Central Bureau of Investigation (CBI) cases from Manipur to Assam under similar circumstances.
