JAC disapproves transfer of Kishan murder case
Imphal, June 19: Disapproving the move for transfer of the case related to the murder of Kasom Khullen SDO Dr Thingnam Kishan and his two staff��Y Token and A Rajen by NSCN (IM) men led by Lt Col Hopeson Ningshen from Manipur to Delhi, the JAC Against the Brutal Killing of Th Kishan, A Rajen and Y Token asserted that the conveniences of the parties and witnesses should be given foremost priority.
The JAC, in a press release, pointed out that the crime took place in the State and that the victims, the culprits and witnesses are inhabitants of Manipur.
The case should not be moved from Manipur to Delhi merely on the apprehension of the State DGP about ethnic clash between Meiteis and Nagas which is unfounded considering the spontaneous outcry made by every section of the society both in the hills and valley against the triple murder.
The transfer of the case is to be moved by the parties only after the submission charge sheet by the investigating agency.
In the present case, the investigation is at the very initial stage and CBI has not yet submitted the charge-sheet.
Transferring the case at this stage would be gross abuse of section 406 CrPC, the JAC noted.
Mere allegation such as substantial prejudice, ethnic clash based on the letter of apprehension of the DGP and absence of congenial atmosphere for a fair and impartial trial cannot be the valid grounds for transfer of the case.
The JAC decried the failure of CBI to initiate any action to apprehend the other co-accused involved in the gruesome murder.
Saying it has learnt that all the privileges of category-A prisoner are being extended to accused Hopeson Ningshen at Tihar Jail, Delhi, the JAC observed that such deviation defies logic.
Source: The Sangai Express
The JAC, in a press release, pointed out that the crime took place in the State and that the victims, the culprits and witnesses are inhabitants of Manipur.
The case should not be moved from Manipur to Delhi merely on the apprehension of the State DGP about ethnic clash between Meiteis and Nagas which is unfounded considering the spontaneous outcry made by every section of the society both in the hills and valley against the triple murder.
The transfer of the case is to be moved by the parties only after the submission charge sheet by the investigating agency.
In the present case, the investigation is at the very initial stage and CBI has not yet submitted the charge-sheet.
Transferring the case at this stage would be gross abuse of section 406 CrPC, the JAC noted.
Mere allegation such as substantial prejudice, ethnic clash based on the letter of apprehension of the DGP and absence of congenial atmosphere for a fair and impartial trial cannot be the valid grounds for transfer of the case.
The JAC decried the failure of CBI to initiate any action to apprehend the other co-accused involved in the gruesome murder.
Saying it has learnt that all the privileges of category-A prisoner are being extended to accused Hopeson Ningshen at Tihar Jail, Delhi, the JAC observed that such deviation defies logic.
Source: The Sangai Express
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