Dimapur, Dec 23 (MExN): In a set-back for Parliamentary Secretary Nkhao Lotha, his appeal in the lower court for dismissal of the defamation case against Ekyimo Kikon, ex-candidate from Sanis, Wokha constituency, was rejected on December 22, 2006. The next hearing has been fixed for January 29, 2007.
Nkhao Lotha had appealed for dismissal of the complaint case filed by Ekyimo Kikon on the ground that the same is not maintainable for want of sanction when the accused is a Parliamentary Secretary to the Government of Nagaland. As such he is a person specified in the Section 197 Cr.Pc and sanction for his prosecution is necessary but no sanction was obtained.
However, the lower court opined that sanction for prosecution is not necessary to prosecute a public servant in all cases, even if a Parliamentary Secretary is taken to be a public servant that in order to judge the question of sanction, it is necessary to examine it with reference to the above mentioned Section. It also noted that an essential point of consideration is whether or not the public servant committed the offence while acting or purporting to the act in discharge of his official duties. If the present material is examined in that light, it becomes clear that the accused did not write the note containing the defamatory material either as part of his duty or in exercise of his power as Parliamentary Secretary and the offending note in question did not relate to any of the portfolios allotted to him in official capacity. In fact, the subject of the note related to the business of the department of agriculture, the court observed.
The court also pointed out that when an offence is committed by a public representative or a Parliamentary Secretary outside the scope of his official duty, he cannot get the benefit of Section 197 Cr.Pc. In the present case, the offending note was nothing to do with his official duties. On these accounts the court passed judgment that the case does not come within the scope of the said section and as such, no sanction for prosecution of the accused Nkhao Lotha. Accordingly the court rejected his application.
