'Trial Has To Go Outside Manipur' : Supreme Court On Case Against Kuki Revolutionary Army Chief & UKLF Leader; Seeks NIA Response

While hearing a petition filed by Kuki Revolutionary Army (KRA) Chief David Hangshing and United Kuki Liberation Front (UKLF) leader Lhunkhoson Haokip seeking transfer of trial of the arms theft case against them from Manipur to Assam, the Supreme Court today asked Additional Solicitor General Vikramjit Banerjee appearing for respondent-NIA to take instructions on which court/state would be more convenient.

The Bench of Justices Abhay S Oka and Ujjal Bhuyan listed the matter for next Monday (April 29), to enable the ASG to take instructions.

At the outset of the hearing, Justice Oka enquired from the petitioners' counsel as to which court the transfer was sought.

In response, the petitioners' counsel said "Guwahati". But on behalf of the NIA, ASG Vikramjit Banerjee pointed out the sensitivity of the matter and suggested that hearing could take place via video conferencing.

Unconvinced, Justice Oka said to Banerjee, "Why VC? The witnesses have to identify the accused who are present in the court, can't be done...".

The ASG sought to impress that it would be difficult to transfer witnesses (as many as 138 in number) out of the state, but to no avail. Countering his submission, Justice Oka recalled that one criminal case has already been transferred out of Manipur.

"This has to go out of the state. You tell us which state is more convenient", Oka J expressed.

A counsel appearing for respondent No.10-Yamthong Haokip, former Member of Manipur Legislative Assembly, supported the plea for transfer saying it was a matter of his client's life. He suggested that the transfer may be made to Nagaland, which is at at distance of 140 kms from the village where most of the accused are.

Highlighting that judges should be available to try the case, Justice Oka instructed the ASG, "you find out which court will be more convenient, where adequate number of judicial officers are available...in the jail, those are in custody they can be taken there. Come back next Monday".

On a specific query, the petitioners' counsel could be heard informing the court that all accused now stand impleaded in the matter.

Background

To recapitulate briefly, between 2016 and 2017, a theft of 56 pistols and 58 magazines took place at Director General Pool Armory inside the 2nd Manipur Rifles Battalion premises.

As per the prosecution case, the stolen pistols were sold to various separatist outfits (including the KRA and the UKLF) and the petitioners were involved in the conspiracy to sell. David Hangshing, in particular, was stated to have received some firearms from Yamthong Haokip.

The probe was undertaken by the National Investigation Agency (NIA), which registered a case under Sections 120B/409 IPC and Section 20 of the Unlawful Activities (Prevention) Act, 1967. A chargesheet was filed in 2019, wherein the petitioners were arrayed as accused No. 10 and 11. In 2020, the charges came to be framed under the IPC, UAPA and Arms Act.

While David Hangshing got bail in 2019, Lhunkhoson Haokip got bail in 2022.

As on May 3, 2023, the prosecution had examined 48 witnesses. However, the trial's progress was marred by ethnic clashes in Manipur. Accordingly, the plea for transfer of trial was filed emphasizing the need to ensure safety of the petitioners and a more accessible, secure, and transparent legal process.

In November, 2023, while issuing notice on their transfer plea, the Supreme Court stayed the trial against the petitioners.

Case Title: David Hangshing and Anr. v. National Investigation Agency and Ors., T.P.(Crl.) No. 671/2023