- (1.) The Central Bureau of Investigation [Hereinafter 'CBI'] has approached this Court by way of Transfer Petition (Criminal) No. 219-220 of 2009 as contemplated under Section 406 of the Code of Criminal Procedure [Hereinafter 'CrPC'], seeking transfer of cases RC IMPH 2009/S0002 and RC IMPH 2009/S0003, both dated 02-04-09, from the Court of the Chief Judicial Magistrate, Ukhrul, Manipur to a competent Criminal court in Delhi.
(2.) In these cases, the respondent has been accused of the kidnapping and murder of three government employees in the State of Manipur. It would be useful to provide an overview of the fact-situation leading up to the present litigation. On 13-2-2009, Dr. Thingnam Kishan Singh (S.D.O., Kasom Khullen, Distt. Ukhrul) along with five staff members was abducted by militants while on their way from Ukhrul to Kasom Khullen. On 14-2-2009, three of the abducted persons, namely Sh. Ram Singh Siro, Sh. Ramthing Singlai and Sh. Kapangkhui Jajo were released. Following this, a case bearing FIR No. 8(2)/2009 was registered under Sections 365, 368 and 34 of the IPC at the Ukhrul Police Station in respect of the missing persons. However, on 17-2-2009, dead bodies of Dr. Thingnam Kishan Singh, Sh. Y. Token Singh and Sh. A. Rajen Sharma were recovered from the bank of river Taphao Kuki in the proximity of National Highway-39 in Senapati District, Manipur. In light of the discovery of the dead bodies, a case bearing FIR No. 3(2)/2009 was registered under Sections 302 and 400 of the IPC at the Senapati Police Station. These killings had provoked an outcry in the State of Manipur and protests were held by several groups. In fact a Joint Action Committee (JAC) had been formed by several civil society groups to mobilize opinion about this case. Having regard to the seriousness of the crime, the Government of Manipur thought it fit to transfer the investigation into these cases to the CBI, which was effected by way of a notification dated 19-2-2009 as contemplated under Section 6 of the Delhi Special Police Establishment Act. In pursuance of the same, CBI acting through its Imphal Branch registered cases [RC IMPH 2009/S0002 and RC IMPH 2009/S0003, both dated 2-04-2009] on the transfer of the above-mentioned FIRs.
(3.) Subsequent investigation pointed to the involvement of the respondent in the abduction and killing of the deceased persons. The respondent, who is an activist of the NSCN (IM) a militant organisation, was arrested by CBI on 29-05-2009. He was then produced before the Chief Judicial Magistrate in Ukhrul District, who remanded him to police custody till 12-06-2009, which was subsequently extended. In the meanwhile, there had been considerable unrest in relation to this case. The Counsel for CBI has drawn our attention to the fact that among the government employees who had been abducted on 13-2-2009, three persons released on 14-02-2009 were of Naga ethnicity whereas the three deceased persons were of Metei ethnicity. In addition to the social unrest created in wake of the killings, there is also an apprehension of conflict between persons belonging to these communities since the alleged killers were of Naga ethnicity. Irrespective of such an apprehension, CBI has urged that the trial in these cases be transferred to Delhi, in view of the specific threat to the life of the respondent-accused which could frustrate the objective of conducting a fair trial. Reliance has been placed on the correspondence between the Director General of Police, Govt. of Manipur and a CBI officer (dated 04-06-2009), the relevant extracts of which are reproduced below: ...It may be recalled that on 29.05.2009 when Shri Hopeson Ningshen was brought to Imphal for production before the CJM Ukhrul for police remand, a mob of considerable strength gathered near the airport with intention to cause harm to Shri Hopeson Ningshen. This was despite keeping the information about the production of the accused Ningshen a secret. The members of the JAC and general public are now aware that Shri Ningshen has been remanded to police custody for 15 (fifteen) days and he is to be produced again before CJM Ukhrul after expiry of the police remand period. Considering the highly emotive nature of this case with serious possibility of ethnic clash between Meities and Nagas, it is felt that the very presence of Shri Ningshen in Manipur is likely to lead to serious law and order problem, breach of peace, violence and eminent threat to the life and safety of the accused.;