Supreme Court Sets Aside Manipur HC's Direction To CBI To Trace Absconding Rape Convict Within 3 Months

The Supreme Court today (December 5) set aside suo moto directions passed by the Manipur High Court in October 2023 directing the Central Bureau Investigation (CBI) to speedily track and produce Timothi Changsang, a Northeast child-home Administrator convicted under the Protection of Children from Sexual Offences Act, 2012, for raping minor girls within 3 months before the High Court.

The convict has been absconding since 2018 and is yet to be found.

A criminal appeal was filed by the CBI against the order dated October 4, 2023 and January 1 (whereby the CBI had sought that they may be impleaded as parties which was rejected and they were given 8 weeks to comply) passed by the High Court after taking suo moto cognisance of the matter based on newspaper clippings.

The Supreme Court in July 2024 had stayed the impugned directions.

As per CBI, it was not even impleaded as a party but a direction was nevertheless passed. 

A bench of Justices B.V. Nagarathna and NK Singh observed that the direction issued by the High Court was "unnecessary". It stated that the request made by CBI is genuine particularly when State Government has already constituted special teams to trace the convict. 

But the Court in its order added that if required, the State Government can approach the Central Government for assistance. 

At the outset, Counsel for the CBI submitted that the agency is not susceptible to tracing an accused when its primary role is to investigate. He added that as per the State's affidavit before the High Court, the convict was last seen leaving the airport.

CBI sought that they may be relieved from this obligation.

As per the Manipur State's counsel, best efforts have been made to trace the convict. In fact, special teams have been constituted and the same is monitored by the DGP to trace him.

Justice Nagarathna remarked: "Where will you go all over the world?"

The convict's sentence was upheld by the Manipur High Court and then by the Supreme Court.

Case Details: CENTRAL BUREAU OF INVESTIGATION Vs STATE OF MANIPUR., SLP(Crl) No. 9379-9380/2024

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