A double bench comprising chief justice Siddharth Mridul and justice Golmei Gaiphulshillu Kabui stayed an impugned order that of a case pending before the Special Judge NIA, Manipur to the Special NIA Court, Patiala House at New Delhi.
The case is in connection with five village volunteers who were arrested by police on September 16 from Kongba, and granted bail by Special Judge NIA, Imphal East on September 22, 2023. While, one has been re-arrested by the NIA and the four others have been released.
They are Athokpam Kajit alias Kishorjit (39) son of A Dhananjoy of Kongba Nongthombam Leikai, Loukrakpam Michael Mangangcha (30) son of L Iboton of Khurai Ahongei, Konthoujam Romojit Meitei (28) son of K Meghajit of Sagolband Sayang, Keisham Johnson (35) son of K Ibomcha and Moirangthem Anand Singh (45) son of late M Achou Singh, both belonging to Singjamei Makha Sorokhaibam Leikai were released.
When they appeared before the court following the direction of the court on October 25, 2023, they were directed to put a signature for appearance in the case records and they were informed that their case has been transferred to the Special NIA Court, Patiala House at New Delhi.
Being aggrieved to the order, the appellants Kajit, Romojit and Johnson approached the HC with a prayer to pass an interim staying the order dated 24/10/2023, passed in Cril Misc Case No. 199 of 2023.
According to appellants, they had no knowledge of the filing of the application by the Dy. Sp/ NIA & CIO, BO, Imphal and as such till date no copy of the application dated 16/10/ 2023 of Cril Misc No. 199 of 2023 of 2023 filed by the Dy. Sp/ NIA & CIO, BO, Imphal has not been served to the appellants, neither by Dy. Sp/ NIA & CIO, BO, Imphal nor the court of the Special Judge, NIA Court, Manipur.
The transfer of the case was not heard in the open court and no one was present from their side while passing the impugned order dated 25/10/2023 of the Cril Misc No. 199 of 2023 of 2023.
The HC after looking into the records stated that the case transferred without so much issuing notice to the appellants herein as well as in view of the non-obstante provision of section 13 of the NIA Act, 2008 relating to jurisdiction of special courts, the bench stay the operation of the order of October 24, 2023 till the next date of hearing.
