HC disposes bail pleas of NC members; NSF withdraws FIR

June 23, 2023 38 Views No Comment

Morung Express News
Dimapur | June 23

The legal case regarding the demolition of the Naga Students’ Federation (NSF) office on May 27 appears to be nearing its conclusion with the NSF writing to the Chief Judicial Magistrate (CJM) of Kohima informing of the withdrawal of the First Information Report (FIR) it had filed on the matter.

During the hearing of the applications for anticipatory bail for 12 Naga Club officials on June 22, the Gauhati High Court Kohima Bench was informed that the NSF had written to the CJM of Kohima on June 16, withdrawing the FIR dated May 27.

The bail applications filed by the 12 officials are related to the aforementioned FIR, and they were granted interim pre-arrest bail on June 6.

Furthermore, in the case diary (CD) produced by the Public Prosecutor to Justice Kakheto Sema, the Investigating Officer (IO) of the case stated that “since the arrest was not necessary, they were all allowed to leave with only a request to cooperate with the investigation.”

Accordingly, the Court disposed of the bail applications by affirming the June 6 order that granted interim pre-arrest bail to the applicants.

It should be noted that six additional members of the Naga Club were granted ‘pre-arrest bail’ on June 5 in relation to the same case.

The officials had filed applications seeking pre-arrest bail in connection with the FIR filed by the NSF at the North Police Station, Kohima on May 27, alleging that their office ‘premises and building had been damaged in the early hours of May 27 by unknown miscreants.’

Meanwhile, it has been learnt that although the FIR has been withdrawn by the complainant (NSF) with their communication to the CJM, the case can only be closed if the High Court quashes the proceedings, as the offenses are non-compoundable or serious in nature.

In connection with the FIR, the Naga Club had also filed a criminal petition on May 29 under Section 482 of the Code of Criminal Procedure Code, 1973, seeking the quashing of the May 27 FIR.

During the previous hearing of the petition on June 13, the Court scheduled the next hearing after three weeks, as it was informed that notice to a respondent was still pending.

With the report of the complainant (NSF) withdrawing the FIR, the Court may quash the criminal proceedings during the next hearing.

The NSF, on June 13, had announced that it is withdrawing the FIR filed in connection with the demolishing of its office at Naga Club building on May 27 last after consultations with seniors and its federating units and sub-ordinate bodies.

The decision comes after the appeal made by the Angami Public Organization (APO) and the Kohima Village Council (KVC) on June 7 asking the Federation to “withdraw the FIR soonest possible as a good gesture to find an amicable solution.