In a significant turn of events, a sessions court in Chhattisgarh’s Durg district on Wednesday declined to hear the bail pleas of two Kerala-based Catholic nuns, asserting that it lacked the jurisdiction to handle the matter.
The court ruled that the case, which involves serious charges under Section 143 of the Bharatiya Nyaya Sanhita (BNS) — about human trafficking — falls under the domain of a designated National Investigation Agency (NIA) court.
A Jurisdictional Maze: Legal Hurdles for the Accused
While disposing of the bail applications, the Durg sessions court clearly stated that any relief in the matter must now be sought from the special NIA-designated bench of the Bilaspur High Court, located in the same state. This procedural determination has added another layer of complexity to the case and is likely to prolong the incarceration of the two nuns, who currently remain lodged at Durg Central Jail.
Confirming the court’s stance, lawyer Rajkumar Tiwari told PTI:
“The sessions court has observed that it does not have jurisdiction to entertain cases filed under Section 143 (human trafficking) of the Bharatiya Nyaya Sanhita. The bail applicants will now have to approach a special court.”
Adding further legal procedural obligations, the court directed the police to write to the Central Government within 15 days, recommending that the case be officially transferred to the jurisdiction of an NIA court.
A Case of Legal Misjudgment or Oversight?
The latest development has sparked serious questions about the competence and due diligence exercised during the initial stages of the case. Why was the bail application even filed in a court that lacked jurisdiction in the first place?
This procedural misstep may seem minor to some, but it has very real consequences — particularly when it results in the extended detention of individuals who are still presumed innocent under Indian law. Had the legal team carefully assessed the nature of the charges and the appropriate forum for redressal, the nuns could have saved valuable time and avoided further emotional and psychological distress.
This unfortunate error underscores a broader problem in India’s legal landscape — where sections of the legal fraternity, either through haste or inexperience, end up taking misguided procedural steps. In contrast, seasoned and well-informed lawyers often anticipate the ripple effects of their legal strategy and avoid such costly delays for their clients.
Background: Arrest Sparks Outrage and Rights Concerns
The arrest of the two nuns has triggered concern and outrage among Christian organizations, civil society groups, and human rights defenders across India. Many have questioned the nature of the charges, calling them excessive and rooted in broader systemic biases. Church authorities have demanded transparency and accountability in the investigation, alleging that the nuns are being targeted unfairly.
Given that human trafficking is a grave offense with severe consequences under the new BNS framework, the legal stakes are high. But equally pressing is the need to ensure timely justice and procedural fairness — especially when liberty is on the line.
Implications: Justice Delayed, Possibly Denied
The delay caused by jurisdictional confusion not only deepens the ordeal for the accused but also reflects poorly on the systemic functioning of the justice delivery mechanism. With the case now being pushed to a higher court and a specialized bench, the timeline for a verdict or even interim relief through bail is likely to stretch further.
If the nuns are indeed innocent — as many of their supporters claim — this procedural setback means they could languish in jail unnecessarily, awaiting the next round of hearings in a distant court. Such delays not only violate the principle of “bail not jail” but also highlight the urgent need for greater legal literacy, professional integrity, and strategic caution in matters of criminal law.
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