HC Kohima Bench reserves judgement in High Court complex case

Morung Express News
Kohima | July 25

The Gauhati High Court Kohima Bench has reserved its order on petitions filed by three accused in the CBI case concerning alleged irregularities in construction works at the High Court complex in Nagaland.

Justice Yarenjungla Longkumer, after hearing counsel for the petitioners and the Central Bureau of Investigation (CBI) on July 24, recorded that the hearing had concluded and reserved the order. 

The three petitioners: Mhahlelïe Rio, Thepfusatou Rio and VibeilietuoKets,  had separately moved the High Court challenging the February 18 order of the Chief Judicial Magistrate (CJM), Dimapur, framing charges against them under Sections 120B (criminal conspiracy) and 420 (cheating) of the IPC.

The High Court had on February 27 granted an interim stay on further proceedings against all three before the CJM, Dimapur, pending consideration of their petitions.

The case stems from a CBI investigation into alleged irregularities in the execution and billing of the approach road and allied works at the High Court complex. The prosecution alleged excess payment of Rs 29.68 lakh for incomplete and allegedly sub-standard works, resulting in wrongful loss to the State exchequer.

The CJM had on February 18 rejected the discharge applications of the three and framed charges against them. They subsequently approached the High Court challenging the order, including the framing of the criminal conspiracy charge.

On February 18, the CJM Dimapur rejected their applications seeking discharge and held that there were sufficient materials to proceed against them. Charges were subsequently framed under Sections 120B and 420 of the IPC.

In challenging the trial court order before the High Court, the petitioners raised questions over the sustainability of charges, particularly when prosecution sanction had been denied against the six NPWD engineers who were alleged to be part of the same conspiracy.

They also disputed the CBI's allegations relating to incomplete and sub-standard execution of the works and questioned the materials relied upon by the prosecution for framing the charges.

On February 27, the High Court, while taking up their petitions, granted interim protection and stayed further proceedings before the CJM Dimapur against all three.

The matter has since remained before the High Court, with the interim stay effectively putting the trial proceedings against the trio on hold.

The counsel for the petitioners as well the CBI Special Public Prosecutor were heard before Justice Longkumer on both July 23 and 24. The Court thereafter recorded: “Hearing concluded. Order reserved.”