Moa Jamir
Dimapur | September 13
The Central Bureau of Investigation (CBI), pleas from a retired IPS officer, and proceedings on blood banks in four districts were some of the key matters deliberated or concluded in the Gauhati High Court Kohima Bench (GHCKB) this week.
Of these, the CBI was directly involved in one case, while another plea requested its inquiry in an NDPS case involving the IPS officer.
The first case pertained to the construction of the new HC Complex in Kohima, where the Special Judge, CBI, Dimapur, on June 28, 2024, directed four individuals to face criminal trial under Sections 420/120B of the IPC, which deal with "cheating and dishonestly inducing delivery of property" and "criminal conspiracy."
Three of the accused had filed petitions seeking to quash a First Information Report (FIR) dated June 17, 2019; a July 21, 2021 CBI report; and the order passed by the CBI Court Dimapur.
According to the court proceedings on September 10, the Government of Nagaland had reportedly denied "prosecution sanction" to the CBI against the State Government "employees/alleged accused persons" connected with the case.
Hence, the Justice Budi Habung granted two weeks to the Public Prosecutor (PP) representing the State of Nagaland to obtain necessary instructions and order passed by theState Government denying the prosecution sanction.
During the hearing, the counsel for the petitioners denied allegations levelled and also questioned why charges were framed only against the petitioners and not against The State Government employees, who should be equally liable if the allegations were proven. An interim prayer for quashing the charges would be considered in the next hearing.
It should be noted that the Directorate of Enforcement (ED) had provisionally attached immovable assets belonging to several individuals involved in the alleged ‘financial misconduct’related with new HC Complex case in August.
The investigation was prompted by an FIR filed by the CBI Anti-Corruption Branch (ACB), Imphal, stated the ED in a press release on August 12.
The first CBI charge sheet named a contractor and three engineers of the Nagaland Public Works Department (PWD), while the second charge sheet named three other contractors. The latter filed the petition in the GHCKB.
IPS officer ‘drug seizure case’
Meanwhile, the CBI's name also surfaced in another case involving a former Indian Police Service (IPS) officer in an NDPS Act case.The case dates back to 2018 when 6.9 kg of suspected brown sugar was reportedly seized by police narcotics personnel on August 3 at the Khuzama inter-state check post.
Weeks later, the contraband was allegedly recovered from the official quarters of Richard Yimto, then IGP (CID) in Phesama, on September 1. He has since retired from service.
On September 9, the GHCKB dismissed two criminal petitions and one writ petition filed by the IPS officer.
The writ petition sought a directive for state authorities to register an FIR regarding the "complaint dated 03.08.2018” filed by an UBSI, Commander, Narcotic Cell Check Point, Khuzama regarding the recovery of illegal drugs." It also called for the investigation of the case to be transferred to the CBI.
In the two criminal petitions, the officer sought the quashing of FIR No. 1/2018 filed on October 20, 2018, in the State Crime Police (PHQ), Kohima, which led to Special Case No. 36/2018 being registered in the Court of the Principal Sessions Judge-cum-Special Judge, NDPS, Kohima. He also requested the quashing of the charge sheet dated March 14, 2022, arising from the same FIR.
Since both petitions pertained to the same FIR, Justice Mridul Kumar Kalita disposed of the cases in a common judgment.
In the judgment, the judge observed that the allegations made in the October 20 FIR, along with the materials collected during the investigation, prima facie disclosed elements of a cognisable offence committed by the petitioner.
The question of whether the alleged offences under Sections 409/420 of the IPC or provisions of the Prevention of Corruption Act, 1988, apply to the petitioner will be determined by the trial court during the charge-framing stage, the court said.
It further noted that it cannot examine the reliability or authenticity of the evidence at this stage and when the investigation suggests the commission of a cognisable offence, the court noted it is not appropriate to quash the charge sheet and FIR, as such actions are "an exception rather than the norm."
Based on Supreme Court guidelines cited in the submission, Judge Kalita held that this was not a case where the FIR and charge sheet should be quashed and rejected the petitions. The Court also noted that the Sessions Judge-cum-Special Judge, Kohima, would be within his/her rights to take cognisance against two others—Rahul Kharel and Deepak Lama—based on “incriminating materials” against them in the charge sheet.
The judge also rejected a writ petition in another judgment, noting that the investigation initiated after the registration of the FIR on October 20,2018 revealed facts sufficient to initiate criminal proceedings against the petitioner and two others.
As such, there was no need to direct the registration of a fresh complaint nor the transfer the investigation to the CBI while it is pending before the trial court, it added.
80% of equipment received for blood banks
In ongoing public interest litigation (PIL) concerning the implementation of the National Blood Policy in Nagaland, the standing counsel representing the Government of Nagaland and other health authorities informed the GHCKB that 80% of the equipment for establishing blood banks in Tuensang, Kiphire, Mon, and Phek districts had been received.
As per the work order, the remaining 20% of equipment is expected to be received soon, the counsel informed the Division Bench of Justice Kakheto Sema and Justice Budi Habung on September 10.
The counsel requested more time to complete the installation process and court granted the state respondents four weeks to complete the installation process.
