Chungtia pre-poll murder: Gauhati High Court orders case transfer to Kohima for fair trial

October 17, 2024 13 Views No Comment

Morung Express News
Dimapur | October 17

The Gauhati High Court’s Kohima Bench (GHCKB), On October 16, has ordered the transfer of the high-profile Chungtia poll murder case from Mokokchung to Kohima, citing concerns over safety and fair trial.

The case involved the alleged murder of Imkongjiba Kichu, a youth from Chungtia village, who was found dead on February 22, 2023, in the lead-up to the Nagaland Assembly polls on February 27.

The Division Bench, comprising Justices Kakheto Sema and Budi Habung, passed the order on October 16, taking into account the fair trial and for the ends of justice.

The victim, the nephew of T Chalukumba Ao, an unsuccessful candidate in the 2023 Assembly polls from the 28 Koridang Assembly Constituency, was allegedly murdered in a politically charged atmosphere.

The Mokokchung Police arrested nine individuals in connection with the case, which involves charges under Sections 120B (criminal conspiracy), 34 (acts done by several persons with common intention), 365 (kidnapping or abduction), and 302 (murder) of the Indian Penal Code (IPC).

The accused have been in custody for over a year, and charges have already been framed against them as per court’s record.

The Division Bench ruling came after the victim’s family expressed serious concerns about their safety and the potential for intimidation if the trial was conducted in Mokokchung.

The family had reported multiple incidents of threats and harassment, including one instance where the victim’s sister reportedly found a bag containing bullets and a knife near her house, which was perceived as an intimidation tactic.

Accordingly, the court ordered the case to be transferred to the District & Sessions Court in Kohima and directed the Sessions Judge in Mokokchung to transfer all trial records and seized evidence to Kohima immediately.

Additionally, it directed the accused will be shifted from Mokokchung Jail to Kohima Jail to facilitate the trial.

The Sessions Court in Kohima was also directed to expedite the trial and complete proceedings within 12 months.

Nagaland Govt’s Transfer order rejected
However, the GHCKB also rejected an earlier order by the Nagaland Government, which had attempted to move the case from Mokokchung to Dimapur in October 2023.

The Justice and Law Department had issued an order on October 13, citing concerns about potential witness intimidation and ensuring a fair trial.

However, the Register of GHCKB filed Suo Moto transfer petition filed after the Principal District & Sessions Judge, Mokokchung via a letter on October 17 informed about the development.

However, the court ruled that the state government did not have the authority to transfer the case, as per Section 407 of the Code of Criminal Procedure (CrPC.), which reserves such powers exclusively for the High Court.

The State Government had tried to justify the transfer under Rule 22C of the Rules for Administration of Justice and Police in Nagaland (Third Amendment) Act, 1984.

However, the court ruled that the CrPC’s provisions take precedence, and as the transfer order interfered with judicial authority, it was deemed invalid.

The court ultimately decided that Kohima, being geographically closer to Mokokchung, was a more appropriate location for the trial, ensuring the safety of the victim’s family and a fair trial process.