HC questions CBI’s inaction on denial of prosecution sanction by Nagaland govt

October 6, 2024 8 Views No Comment

Morung Express News
Dimapur | October 6

The Gauhati High Court Kohima Bench (GHCKB), on October 4, wondered why the Central Bureau of Investigation (CBI) did not take any steps against the Nagaland Government’s order denying prosecution sanction for those State “government employees/alleged accused persons” involved in the matter related to the construction of the new High Court Complex in Kohima.

Accordingly, Justice Kakheto Sema directed the CBI counsel to come with necessary instructions in the form of an affidavit citing reasons as to why the CBI has not taken further steps against the order.

Additionally, as directed by the Court on September 10, the Public Prosecutor of Nagaland was also tasked to “obtain necessary instructions and produce the relevant record regarding the order” passed by the State Government denying the prosecution sanction.

Prayer for interim relief will be considered on the next date, the October 4 order stated, listing the matter for further hearing after three weeks.

The Court issued the directions while resuming the hearing of a petition seeking the quashing of a First Information Report (FIR) dated June 17, 2019; a July 21, 2021 CBI Report; and the order passed by the Special Judge, CBI, Dimapur on June 28, 2024, directing the petitioners to face a criminal trial under Sections 420/120B IPC on the issue.

On September 10, the counsel for the petitioners, who are contractors of the complex, contended before the judge that they were not involved in any anomalies as alleged. The counsel also questioned why charges were only framed against them and not against the State Government employees, who should be equally liable if the allegations were proven.

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.