SC disposes off petition for Special Leave to Appeal “with a direction that the Trial Court must, in the first instance, determine the question of limitation”
DIMAPUR, JUNE 18 (MExN): With the Supreme Court of India not considering it necessary to go into the merits and entertain the petition for Special Leave to Appeal filed by the petitioner, TR Zeliang, the Chief Minister of Nagaland, the Nagaland Pradesh Congress Committee (NPCC) on Saturday told the Naga People’s Front leadership to expect a “major political upheaval in the state.”
“It is now time to see the writings on the wall instead of the Ostrich hiding its head in the sand and can now expect major political upheavals in the state,” NPCC working president P Ayang Aonok stated.
The NPCC statement comes in the backdrop of the Supreme Court order made on the petition for special leave, “arising out of impugned final judgement and order dated 25/04/2016 in CRRP No. 9/2015 passed by the High Court of Gauhati at Kohima.” Listed as Item No 2, in Court No. 3, the petition was called for hearing by Justice Adarsh Kumar Goel and Justice L. Nageswara Rao on June 15, 2016.
Documents of the record of proceeding furnished by the NPCC on the SC order dated June 15, 2016 read, “Since by the impugned order, the matter has been left to be decided by the trial court, we do not consider it necessary to go into the merits and entertain this petition.”
The SC order, disposed the petition “with a direction that the Trial Court must, in the first instance, determine the question of limitation and for that purpose the petitioner need not appear in person and can appear through his counsel.” The order further said, “It will be open to the petitioner to raise all contentions, as may be available in law.” “If the petitioner is aggrieved by the order which may be passed by the Trial Court, the petitioner is at liberty to take his remedies in accordance with law,” the SC order stated.
Meanwhile, the NPCC informed that the learned Judicial Magistrate, Peren in the recent June 14, 2016 hearing had stated, “no further adjournment will be given and the case will be heard on June 28, 2016.” Given this, and with the Supreme Court refusing “to interfere with the High Court’s Order,” the NPCC claimed, this was a “huge setback” for TR Zeliang.
The NPCC also went on to say that TR Zeliang should at least now realize that “no one is above the law,” and rather apologize to the people.
NPF Legal Cell clarifies on SC ‘dismissal’ of SLP
DIMAPUR, JUNE 18 (MExN): The NPF (Legal Cell) has clarified on the news report of Supreme Court ‘dismissing’ the Special Leave Petition, which appeared in a section of the local dailies on June 18.
A press note from Convener, NPF Legal Cell, Achumbemo Kikon enlightened that the SC in its order dated June 15, 2016 directed the Trial Court to determine the question of limitation and for that purpose the petitioner (TR Zeliang) need not appear in person and can appear through his counsel.
The SC went on to say in its order that it will be open to the petitioner to raise all contentions and in case the petitioner is aggrieved by the decision of the Trial Court, he is at liberty to seek legal remedy in accordance with law.
“As such, it is made clear that the said SLP was not dismissed but sent back to the Trial Court with clear directives. As a matter of fact, it cannot be construed as dismissed,” the NPF Legal Cell asserted.
It also claimed that the SC order has come as a big relief for the Nagaland Chief Minister, TR Zeliang as the opposite party kept on insisting that he should appear in person inside the courtroom.
“Nonetheless, this particular order of the SC has vindicated the CM to a large extent as the directive given will definitely be the main guiding principle while deciding the case,” it claimed.
The NPF Legal Cell further maintained that the SC order has actually strengthened CM’s contentions and therefore there is no reason at all for the “opposite group to be jubilant.”
