The Supreme Court on Monday directed the National Investigation Agency (NIA) to conduct the trial in an arms theft case outside Manipur.
The Bench of Justice Abhay S Oka and Justice Ujjal Bhuyan passed the order while hearing a petition filed by Kuki Revolutionary Army (KRA) Chief David Hangshing and United Kuki Liberation Front (UKLF) leader Lhunkhoson Haokip.
The petitioners sought transfer of trial of the arms theft case against them from Manipur to Assam.
The Bench directed Additional Solicitor General (ASG) Vikramjit Banerjee, appearing for respondent-NIA, to take instructions on which court/state would be more convenient, and listed the matter for further hearing on April 29).
The Bench asked the counsel appearing for the petitioners as to which court the transfer was sought.
The counsel said Guwahati.
ASG Banerjee, while pointing out the sensitivity of the matter, suggested that hearing be conducted via video-conferencing.
However, the Apex Court said the witnesses had to identify the accused who were present in the court, which could not be done during a VC hearing.
The ASG submitted that it would be difficult to transfer 138 witnesses out of the state, but the top court of the country rejected the submission.
It recalled that one criminal case had already been transferred out of Manipur.
A counsel appearing for respondent No.10-Yamthong Haokip, former Member of Manipur Legislative Assembly, supported the plea for transfer saying that it was a matter of his client’s life.
He suggested that the transfer may be made to Nagaland, which was at a distance of 140 km from the village where most of the accused were residing.
The Apex Court then directed the ASG to find out which court would be more convenient, where adequate number of judicial officers were available, while also considering the fact that those in custody could be taken there.
The counsel appearing for the petitioners apprised the Apex Court that all accused now stand impleaded in the matter.