DIMAPUR — Acknowledging security concerns for the family members of Chungtia murder victim Imkongjiba Kichu, the Kohima Bench of Gauhati High Court has ordered the transfer of the case’s trial from Mokokchung to Kohima.
In a judgment delivered on Wednesday, a Bench comprising Justice Kakheto Sema and Justice Budi Habung directed the Sessions Judge of Mokokchung to transfer the entire trial court records of the case along with the seized articles from the Court of District and Sessions Court of Mokokchung to the District and Sessions Court of Kohima forthwith.
The suo moto transfer petition involves the murder of Imkongjiba Kichu at Chungtia village in Mokokchung District during last year’s Nagaland Assembly elections. The victim was the nephew of T Chalukumba Ao, who had contested and lost in last year’s Nagaland Assembly Elections as JD (U) candidate. The nephew was found murdered on February 22 last year.
Since then, the family had filed an FIR, leading to a criminal trial before the Court of Sessions Judge in Mokokchung. Eight residents of Chungtia village have been named as accused persons involved in the alleged murder.
On October 13, 2023, the department of Law and Justice issued an order transferring the case to Dimapur. In response, the Registrar of the Kohima Bench of Gauhati High Court filed a suo moto petition opposing the move.
After hearing all the submissions, the Bench observed in its judgment that the accused persons were in majority in Mokokchung “and there has been an incident where the accused side has threatened and intimidated the family of the victim when they appeared in the Court to watch the court proceedings”.
“For such intimidation and threatening, the victim side has also lodged an FIR before the Officer-in-Charge, PS, Mokokchung. The threatening and the intimidation upon the victim’s family is alleged to have been made even in the Court premises in presence of the police personnel as could be seen from the copy of FIR.
“Under the circumstances, when one party has domination over the weaker party, a fair trial of the case cannot be expected. The weaker party who are under threat would always be in fear of giving evidence freely before the Court which ultimately would cause an injustice to the weaker party,” the judgment read.
It further noted that on receipt of complaint and request for transferring the case from Mokokchung to any other court, the government of Nagaland had sought for comment from Deputy Commissioner of Mokokchung; Superintendent of Police, Mokokchung; Public Prosecutor of Mokokchung; Assistant Public Prosecutor and Mokokchung.
They responded that there was an apprehension that court proceedings may be affected in future. “They clarified that the transfer of the present case from Mokokchung to any other district court will be in the interest of justice and to avoid any untoward situation,” it stated.
Accordingly, the Bench ruled that it would be just and fair if the criminal case is transferred from Mokokchung to any other court within the state of Nagaland.
“In our opinion, geographically, Kohima is nearer to Mokokchung instead of Dimapur, as such, the GR case no. 34/23 of Mokokchung PS-II case no. 13/23 under section 120B/34/365/302 IPC is ordered to be transferred from District & Sessions Court, Mokokchung to the District & Sessions Court, Kohima for proper trial and disposal,” the order read.
It further directed the Sessions Judge of Kohima to expedite the trial and complete the proceedings as early as possible,” preferably within 12 months from the date of receipt of the record”.
“For the speedy trial, the accused persons shall be transferred/shifted from the District Jail at Mokokchung to the District Jail at Kohima,” it stated.
The court also set aside and quashed the Law and Justice department’s order on October 31, 2023, through which it had transferred the case from Mokokchung to Dimapur.
“It is submitted that although Chapter XXXI of the Code of Criminal Procedure has not been made applicable by any government notification in the state of Nagaland till date, however, by virtue of the decision of the Division Bench of this Court in the case of Registrar General, Gauhati High Court Vs. Union of India and Ors. reported in 2013 (4) GLT 1109, the provisions of the CrPC is applicable to the regularly constituted criminal courts without any manner limiting operation of Article 371A of the Constitution of India in so far as the functioning of village, customary or any other courts other than the regularly constituted civil and criminal courts in the state of Nagaland manned by members of the judicial service.
“As such, the invocation of power under Rule 22C of the Administration of Justice and Police Rules, 1937 for effecting transfer of the criminal proceeding is without any authority and as such, the same is not tenable in law,” it ruled.