Nagaland HC construction Case: Court gives CBI ‘last chance’ to produce instructions

November 12, 2024 5 Views No Comment

Morung Express News
Kohima/Dimapur | November 12

The Gauhati High Court Kohima Bench (GHCKB), on November 11, granted the ‘last chance’ to the Central Bureau of Investigation (CBI) to apprise the Court on why it did not take any steps against the Nagaland Government’s order denying prosecution sanction for the State “government employees/alleged accused persons” involved in the matter related to the construction of the new High Court Complex in Kohima.

While hearing the matter on Monday, Justice Kaushik Goswami noted that the Court had, on October 10, directed the CBI to place instructions before the Court on the date fixed, explaining why no further steps were taken against the State Government’s order.

However, he observed that when the matter was called on Monday, the counsel appearing for the CBI stated that although the affidavit-in-opposition was prepared, it could not be filed as it was not in the correct format.

Nevertheless, Justice Goswami remarked that the instructions were essential in order to consider the interim prayer made in the criminal petition.

“Non-furnishing of the said instructions delays consideration of the interim prayer, which is to the utter detriment of the petitioner,” he added.

Accordingly, Justice Goswami, “by way of last chance,” directed the CBI to produce the instructions by November 18, failing which the prayer for interim order would be considered.

In the meantime, the State respondents, who were also directed by the Court on September 10 to “obtain necessary instructions and produce the relevant record regarding the order” passed by the State Government regarding the denial, must produce the instructions by November 18 without fail.

“It is needless to clarify that failure to place instructions by any of the respondents or file the affidavit-in-opposition will result in the interim prayer being taken up for consideration,” the November 11 order added.

While details concerning the case are not available in the Court’s orders, a press release from the Directorate of Enforcement (ED) on August 12 offers some insights. In the press release, the ED stated that it had provisionally attached immovable assets valued at Rs. 96 lakh under the Prevention of Money Laundering Act (PMLA) of 2002 following an ongoing investigation into alleged financial misconduct associated with the construction of the new High Court Complex in Kohima.

The investigation was prompted by a First Information Report (FIR) filed by the Central Bureau of Investigation (CBI), Anti-Corruption Branch (ACB), Imphal, and it cited various sections of the Indian Penal Code (IPC), 1860, alleging the misappropriation of approximately Rs 3.61 crore of public funds allocated for the project, the ED claimed.

According to the ED, the CBI has filed multiple chargesheets against the accused. The first chargesheet includes Avituo Sekhose and Engineers of the Nagaland Public Works Department (PWD) – Er Yapang Jamir, Er MI Tongjok Ao, and Er K Nikato Assumi – who are alleged to have committed offences leading to a financial irregularity of approximately Rs. 80.25 lakh.

Another chargesheet names contractors Thepfusatuo Rio, Mhalelio Rio, and Vibeilietuo Kets, who are accused of offences amounting to approximately Rs 29.68 lakh. The current criminal petitions being heard in the GHCKB were filed by the three contractors.