IMPORTANT POINT
The State's transfer of a criminal case without authority under applicable laws violates the right to a fair trial, necessitating judicial intervention.

JUDGMENT :

(Budi Habung, J.)

Heard Ms. V. Suokhrie, learned Addl. Advocate General along with Ms. S. Mere, learned Senior Government Advocate cum PP, for the State of Nagaland, Mr. A. K. Bhuyan, the learned counsel for the respondent No.2/victim/informant, Mr. A. Sophie, the learned counsel for the accused No. 2, 4, 5, 6 and 7 and Mr. Pakinrichapbo, the learned counsel for the accused No. 3, 8 and 9.

2. This Suo Moto transfer petition has arisen out of the reference made by the Principal District & Sessions Judge, Mokokchung, Nagaland, vide Letter No. PD&SJ/MKG/Estt-1/2023-24/94 dated 17.10.2023 addressed to the Registrar, Gauhati High Court, Kohima Bench, informing that the Government of Nagaland, Department of Law & Justice, Kohima, by an order dated 13.10.2023, has transferred the criminal case GR case no. 34/2023 arising out of Mokokchung PS-II case no. 13/23 under Sections 120B/34/365/302 IPC from Sessions Court, Mokokchung to the Court of Sessions Judge, Dimapur. The letter 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 Hon’ble High Court for necessary direction. The Registrar, Gauhati High Court, Kohima Bench, Nagaland, had then referred the same to the Principal Seat of the Gauhati High Court at Assam vide his letter dated 17.10.2023 for bringing the same into the notice of the Hon’ble the Chief Justice for decision on the administrative side. The Hon’ble Gauhati High Court in administrative side then conveyed the approval and requested the Registrar, Gauhati High Court, Kohima Bench for registration of Suo Moto transfer petition. Hence, this Suo-Moto Transfer petition.

3. Notices were issued to all concerned including the informant/victim’s family and all the accused persons and in the meantime, pending disposal of the Suo moto transfer petition, the trial proceeding of the 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, Nagaland, was stayed.

4. The learned PP, Nagaland while referring to the affidavit filed by the state respondent has submitted that the power exercised for issuance of the order of transfer of criminal case from Mokokchung to Dimapur by the State Government was made in terms of 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, 1934.

5. Section 1(3) of the Rules for Administration of Justice & Police in Nagaland (3rd Amendment) Act, 1984 mandates that the said act 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. However, the learned PP submitted that the said Act has not been brought into force by any government notification as per the mandate till date.

6. Since the matter pertains to an important question of law having wide spread ramification in the State of Nagaland, the matter was referred before the Hon’ble Chief Justice of Gauhati High Court for taking decision as to whether this matter requires adjudication by a Single Judge or by the Division Bench of this Court. Accordingly, the Hon’ble Chief Justice of the Gauhati High Court on 29.02.2024 has approved on administrative side and directed the above Tr.P.(Suo Moto)/4/2023, to be listed before the Division Bench at Kohima Bench. It is pursuant to the said administrative approval order that, this matter has been placed before the Division Bench.

7. Thus, a reference was made to the Division Bench on account of the question of law which arises in these proceedings as to whether in exercise of powers under Rule 22C of the Administration of Justice and Police Rules, 1937, the State authorities could t