High Court nullifies order transferring NIA case to Delhi
Source: Chronicle News Service

Imphal, February 06 2025: The High Court of Manipur has set aside an order dated 24.10.2023 passed by the Special Judge (NIA), Manipur, in Cril Mise Case No 199 of 2023, for transferring the case of the appellants from the Special Court (NIA), Manipur, to the Special NIA Court, Patiala House Court in New Delhi.

The order to this effect was passed on February 5, 2025 by a division bench comprising chief justice D Krishnakumar and justice A Guneshwar Sharma in a petition filed by the appellants, Athokpam Kajit alias Kishorjit and others.

During the hearing, appellants' counsel M Johnny Meitei submitted that under Section 406 of the CrPC, the respondents are required to approach the Supreme Court to transfer a case from one state to another.

He contended that the Special Judge (NIA), Manipur, lacked jurisdiction to entertain such an application and further argued that the appellants were not provided any opportunity, leading to a violation of the principles of natural justice.

DSGI Kh Samarjit, appearing for the respondents, did not dispute the submissions made by the counsel for the appellants and stated that in light of the provisions under Section 13(2) of the NIA Act, 2008, the respondents must seek their remedy before the Supreme Court by filing the appropriate application.

Taking into consideration the submissions of both parties, the High Court set aside the impugned order and allowed the appeal.

The Court also granted liberty to the respondents to seek their remedy before the Supreme Court under the provisions of the NIA Act, 2008 .

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