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2011 Supreme(Gau) 1016

I.A.ANSARI
Sevi Tao S/o V. H. Vio – Appellant
Versus
State of Nagaland – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: S. Jahan, S. Goswami, D.K. Mishra, M. Mahanta and B. Prasad
For Respondents/Defendant: GA, Nagaland

JUDGMENT

I.A. Ansari, J.

1. The order, dated 02-09-2011, passed in this bail application is self-explicit and, in order to enable one to clearly understand the catalogue of events leading to this order and the gravity of the situation, let me reproduce the order hereinbelow:

This is ah application, made under Section 439 Cr.P.C., by the accused-petitioner, namely, Sri Sevi Tao, in connection with Dimapur East Police Station Case No. 342/2010 (G.R. Case No. 726/2010) under Section 364(A) of the IPC.

2. Perused the above application and materials on record.

3. Heard Mr. D.K. Mishra, learned Senior counsel, appearing on behalf of the petitioner, and Ms. T. Khro, learned Government Advocate, Nagaland, appearing on behalf of the respondents.

4. This bail application reveals a glaringly noticeable picture of the failure of constitutional guarantee provided to every accused person under Article 21 of the Constitution of India. This failure raises a serious question as to whether the Government, in the State of Nagaland, has been able to run the State in accordance with the requirements of the Constitution. In the present case, while the Executive has miserably failed, the picture of judiciary i































































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