Court orders IO to hand over accused
Source: The Sangai Express
Imphal, March 31 2020:
Special Judge, ND&PS, Manipur, today, ordered the Investigation Officer of Moreh PS, to hand over an accused identified as one Journey Keishing, to the SP of Manipur Central Jail.
The Court order came after an application was filed by Journey Keishing w/o Sasangmi Keishing Chatric Khunou village (Ukhrul) herself, praying to the Court to pass an order alleging that the jail authority has not accepted the judicial remand in connection with an FIR case which was registered at Moreh PS.
The application mentioned that she was remanded into judicial custody yesterday by the same Court in connection with FIR case which was registered against her under the ND&PS Act but the jail authorities were not accepting her telling her that she should be produced before JNIMS for a medical checkup for COVID-19.She stated that accordingly, she was produced for a medical check-up today and the doctor advised her to be home quarantined.
However, when she was produced before the jail authorities for judicial remand again, the jail authorities did not accept her stating that she was advised to be home quarantined by the JNIMS doctor.
After hearing the submission of the Special PP, through VC, and going through the materials, including that from the Flu clinic for COVID-19 JNIMS, Porompat, the Court observed that the alleged offences against the woman fall under commercial quantity which is punishable with rigorous imprisonment for a term not less than 10 years but may be extended to 20 years and which is also liable to a fine not less than Rs 1 lakh but which can be extended to Rs 2 lakh.
The Court further observed that in the present situation of COVID-19 outbreak, the Supreme Court of India had also directed the State/Union Territories to consider the release of prisoners who have been convicted or are under trial for offence for which prescribed punishment is up to 7 years or less.
Ruling that the present case does not fall under the prescribed category of the Supreme Court, the Court ordered that the jail authorities cannot dishonor the remand order of the Court and reasoned that the Principal Secretary, Government of Manipur, is to declared/ designate an appropriate place as jail quarantine centre for keeping such accused individuals.
As such, the Court directed the IO of the case to hand over the accused to the SP of Manipur Central Jail Imphal along with the extract copy of the order.
The Court also sent copies of the order to the Principal Secretary (Home), Registrar General, High Court of Manipur, DGP, Manipur Police, IG, Prison, SP, Manipur Central Jail Imphal and SP, Tengnoupal, for information and for doing the needful.
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