The Manipur High Court has issued a stay order on the transfer of a National Investigation Agency (NIA) case from Imphal to New Delhi. This decision comes after a double bench comprising Chief Justice Siddharth Mridul and Justice Golmei Gaiphulshillu Kabui reviewed the circumstances surrounding the case.
The case involves five village volunteers arrested on September 16 from Kongba and granted bail by the Special Judge NIA in Imphal East on September 22, 2023. One of the individuals was re-arrested by the NIA, while the remaining four were released.
The appellants, Athokpam Kajit, Konthoujam Romojit Meitei, and Keisham Johnson, approached the High Court seeking a stay on the transfer order issued on October 24, 2023. They contended that they were not informed about the application filed by the Deputy Superintendent of Police/NIA & CIO, BO, Imphal, and that the transfer order was issued without their knowledge or presence in court.
The High Court examined the procedural lapses, including the absence of notice to the appellants and the non-compliance with section 13 of the NIA Act, 2008, which pertains to the jurisdiction of special courts.
Based on these findings, the High Court stayed the transfer order’s execution until the next hearing date. The case will remain under the jurisdiction of the Special Judge NIA in Manipur until further notice, ensuring that proper legal procedures are followed.
This decision underscores the importance of due process and the adherence to legal protocols in the transfer of sensitive cases involving national security.
