Court asks: on what basis? PP seeks time to obtain instructions
DIMAPUR, DECEMBER 7: The particular chapter of Code of Criminal Procedure (CrPC) 1973 that deals with transfer of criminal cases is yet to be applied in the State of Nagaland, the Kohima Bench of Gauhai High Court was told on Thursday.
S Mere, the Public Prosecutor (PP) of Nagaland, made this submission during a hearing on the suo moto petition filed by the Registrar of Kohima Bench of Gauhati High Court challenging the State Law Department’s order to transfer the murder case of Imkongjiba Kichu (in Chungtia Village) from Mokokchung to Dimapur.
“This Court, also during the course of hearing, was apprised by the learned PP that Chapter XXXI of the Code of Criminal Procedure, 1973 had not been applied to the State of Nagaland. However, on making an enquiry as to on what basis the said submission is made, the learned PP submits that she would obtain necessary instructions”, stated an order issued by Justice Devashis Baruah.
He listed the matter to be heard again on January 22, 2024.
“Ms. S Mere, learned Public Prosecutor (PP), Nagaland, had submitted that the power exercised for issuance of the Order of Transfer by the State Government was in terms with Rule 22C of the Rules for Administration of Justice & Police in Nagaland, 1937 which was amended vide the Rules for Administration of Justice & Police in Nagaland (3rd Amendment) Act, 1984.
“This Court had put a specific query upon the learned PP as to whether the said Act has been brought into force in as much as it is the mandate of Section 1(3) of the Rules for Administration of Justice & Police in Nagaland (3rd Amendment) Act, 1984 that the same shall come into force on such date the State Government may, by Notification in the Official Gazette, appoint and different dates may be appointed for different provisions of the Rules contained in the Act. The learned PP, however, submits that she will require some accommodation for obtaining the said instruction”, it stated.
Meanwhile, the Judge ruled that the interim order passed earlier would continue till then.
As Nagaland Page reported on November 2, the Court had stayed the trial proceeding of GR Case No. 34/23 arising out of Mokokchung PS-II Case No. 13/23 under Sections 120B/34/365/302 IPC pending before the Principal District & Sessions Judge, Mokokchung.
In a letter written on October 17 this year, the Principal District & Sessions Judge, Mokokchung, has informed the Registrar of Kohima Bench of Gauhati High Court that the Department of Law & Justice, via an dated October 13, 2023, has transferred the GR Case No. 34/23 arising out of Mokokchung PS-II Case No. 13/23 under Sections 120B/34/365/302 IPC from Mokokchung to Dimapur.
“The learned Sessions Judge further stated that under Section 407 of the Code of Criminal Procedure, the power of transfer of case is vested only with the High Court, hence, requested to bring the same to the notice of the High Court for necessary direction.
“The Registrar, Gauhati High Court, Kohima Bench, Nagaland, had then forwarded the said Letter to the Principal Seat of the Gauhati High Court at Assam vide his Letter No. HC (K) 10/2009/REG/530 dated October 17, 2023, for decision on the administrative side”, stated an order issued on November 2.
Accordingly, the Gauhati High Court (Principal Bench) approved the Registrar of Kohima Bench of Gauhati High Court to register a suo moto transfer petition.
(Page News Service)