Akoijam Shantibala Devi vs Union Of India And 2 Ors on 10 March, 2026

Manipur High Court

Akoijam Shantibala Devi vs Union Of India And 2 Ors on 10 March, 2026

Author: A. Guneshwar Sharma

Bench: A. Guneshwar Sharma

                                                                        Item no. 57
  OINAM Digitally
         signed by

  THOIB OINAM
         THOIBA MEITEI IN THE HIGH COURT OF MANIPUR
  A      Date:
         2026.03.11              AT IMPHAL
  MEITEI +05'30'
         16:16:44

                            WP(C) No. 631 of 2024

Akoijam Shantibala Devi
                                                                    ... Petitioner
                                    - Versus -

Union of India and 2 Ors.
                                                                 ... Respondents

                            B E F O R E
             HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA

                                    ORDER

10.03.2026

[1] Present Mr. Kh. Mani, learned sr. counsel assisted by Mr. M.
Rakesh, learned counsel for the petitioner, Ms. Pamchui, learned counsel for the
respondent no. 1 (Union of India through Ministry of Home Affairs, Govt. of India)
and respondent no. 3 (National Investigation Agency) and Mr. S. Niranjan,
learned GA for the State respondent.

[2] By the present writ petition, the petitioner who is the mother of
deceased approached this Court for handing over the investigation for the dead
of her son by NIA. It is stated that vide letter dated 18.03.2023 issued by
Commissioner (Home), Govt. of Manipur to the Special Secretary (Internal
Security), Ministry of Home Affairs, Govt. of India, request has been made by
the State Govt. for causing investigation by the NIA.

[3] Mr. S. Niranjan, learned GA for the State respondent submits that
State Govt. has already requested the Ministry of Home Affairs for investigation
of this case by NIA.

[4] Ms. Pamchui, learned counsel for the respondent no. 3 draws the
attention of this Court to the affidavit-in-opposition of respondent no. 3 (NIA)
that in terms of Section 6 of the NIA Act, 2008, it is the Central Govt. which
decides the matter is fit to be investigated by NIA or not and NIA has no role to
play in the said case and the counter affidavit has not been filed by the Central
Govt.

[5] This Court is of the opinion that the view of the Ministry of Home
Affairs will be relevant in deciding the present matter.

[6] Ms. Pamchui, learned counsel for the Central Govt. prays for
2(two) week’s time for filing counter affidavit.

[7] Accordingly, 2(two) week’s time is granted to the Union of India
through Ministry of Home Affairs, Govt. of India for filing response by way of
counter affidavit.

[8]            List this case on 30.03.2026.




                                                           JUDGE




Thoiba