The Manipur High Court disposed of the bail applications of six accused persons of infamous women naked parade case without entertaining the applications.
“Without expressing any opinion on the merit of the case, the bail applications are disposed of with a liberty to the accused persons to approach competent courts at Guwahati, if so advised,” stated the HC order.
It should be highlighted that the Court of Special Judge (SC & ST) PoA, Thoubal had rejected the bail applications, stating that considering the stage of the investigation, sensitive nature and gravity of the offences alleged against the accused persons and the possibility of absconding from the jurisdiction of the court, the bail applications of the accused persons were rejected on October 4.
During the hearing, senior PCCG raised the question of the maintainability of the petitions before the Court as the FIR was already transferred to CBI and the proceedings to the Special Court at Guwahati by an order of August 25, passed by the Supreme Court.
It was clarified that even if the place of occurrence lies within the territorial jurisdiction of the High Court and upon transfer of the case to the Special Court at Guwahati, the HC may not entertain the present bail applications, that too after filing of chargesheet before the Special Court at Guwahati.
The Counsels submitted that the FIR was transferred only to the CBI. In the present case, the impugned order dated September 4, 2023 was passed by the Special Court at Thoubal, Manipur even after the transfer of the case by the Supreme Court vide order dated August 25, 2023. It was stated that this Court still has jurisdiction to examine the legality of the order dated September 4 passed by the Special Court at Thoubal.
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The HC considered the submissions made with regard to the maintainability of the bail applications and examined the materials on record.
The SC order stated that further proceedings of 27 cases (including the present case) would be conducted at Guwahati due to the prevailing situations in Manipur. Courts have been identified in Guwahati for the said purpose.
The limited jurisdiction of recording statements under Section 164 CrPC and conducting TIPs in Manipur is aimed at facilitating the investigation and the same cannot be stretched conferring parallel jurisdiction in Manipur even after transfer. Now, the chargesheet has been filed by the CBI before the Special Court at Guwahati.
The HC stated that it may no longer be proper to entertain the bail applications, even though the impugned common order of Thoubal court was passed by the court within the territorial jurisdiction of the High Court.
