NEW DELHI, Nov 26: The Supreme Court of India on Tuesday allowed a petition filed by the National Investigation Agency (NIA) for the transfer of eight criminal cases pending before the NIA Special Court in Imphal, Manipur, to the NIA Special Court in Guwahati, Assam. The petition was filed on the grounds that the situation in Manipur was not conducive for conducting free and fair trials.

A bench comprising Justices J.B. Pardiwala and R. Mahadevan heard the NIA’s plea, which cited concerns over the security and logistical challenges in Manipur. The eight cases, related to the Unlawful Activities (Prevention) Act, 1967, had been transferred from the Manipur Police to the NIA for further investigation. The Court considered the NIA’s argument that the prevailing conditions in Manipur made it difficult to ensure a fair trial for the accused.

The Court noted that the transfer was made under Section 13(2) of the NIA Act, 2008, and Section 406 of the Criminal Procedure Code, 1973. The NIA had requested the transfer on the grounds that it would be difficult to conduct a fair trial in the state given the current law and order situation.

During the hearing, the bench also referenced a previous Supreme Court order from August 25, 2023, where 27 CBI cases were transferred from Manipur to Assam due to similar concerns regarding the law and order situation in the state.

While various counsel appeared for the respondents, including Senior Advocate Colin Gonsalves, there were differing opinions on the location of the transfer. Gonsalves suggested transferring the cases to Delhi, while Advocate Siddhartha Borgohain proposed transferring them to Mizoram or Meghalaya, citing the fact that Manipur only has one NIA Court.

However, Justice Pardiwala emphasized that the trials would need to be transferred to one specific state, ultimately ruling in favor of Guwahati as the destination for the cases.

The Court also addressed concerns raised by some respondents about the logistical difficulties of traveling from Manipur to Assam. Advocate Ahanthem Henry, representing one of the respondents, pointed out that roadblocks due to militant activity and the high cost of air travel made it difficult for accused persons, especially those on bail, to attend proceedings in Guwahati.

In response, Justice Pardiwala assured that the NIA would be responsible for ensuring the safety and logistics of the accused, adding that, for those out on bail, the Court would permit them to join the proceedings via video conferencing to address these concerns.

This decision highlights the ongoing challenges in Manipur, where the security situation has affected the judicial process and prompted multiple transfers of high-profile cases from the state.