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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Devashis Baruah, J.
Daniel Langthasa S/o Late Nindu Langthasa – Petitioner
Versus
The State of Assam, rep. by the chief secretary and Ors. – Respondents
WP(C)/3060 of 2020
Decided On : 20-12-2021
Constitution of India, 1950 - Article 226 and 21- Indian Penal Code, 1860 - Sections 120(B)/121/12(A)/302/392 - Arms Act 1959 - Section 27 - Right to speedy trial – Criminal Conspiracy and Murder - Authority – Seeking transfer GR Case - Petitioner’s father the then EM of North Cachar Hills Autonomous Council along with the then Chief Executive Member (CEM) of the said Council Purnendu Langthasa were killed by the cadres of the Dima Halam Daogah (Jewel) when they have visited village under Dihangi MAC Constituency for interacting with the village people and also for their socio political development.
Finding of the court:
Court are well equipped with the information and data collected from the various High Courts, and looking at the suggestions made by learned amicus, learned Solicitor General and other learned counsel, we are better placed to assess the existing situation - A perusal of the above quoted paragraphs of Supreme Court would go to show that main objective behind said proceedings was to ensure that criminal prosecution against elected representatives (MPs and MLAs) are concluded expeditiously on the ground that Supreme Court was of opinion that said special consideration was required not only because of the rising wave of criminalization that was occurring in politics in the country, but also due to power exercised by elected representatives (sitting or former) wield, to influence or hamper effective prosecutions - Direction that the Session Judge shall conduct the proceedings i.e., the Session Case by taking into consideration the above quoted observations made by Division Bench of this Court at paragraph 18 as well as taking into consideration the right of speedy trial is fundamental right and the various orders passed by the Supreme Court in case of Ashwini Kumar Upadhyay (Supra) whereby to weed out criminalization in politics have been a top priority.
Result: Petition disposed of.
JUDGMENT :
Heard Mr. S. Borthakur, learned counsel appearing on behalf of the petitioner as well as Mr. K. Goswami, learned Additional Senior Govt. Advocate appearing on behalf of the respondent nos. 1 to 4 and Mr. P. Nayak, learned counsel appearing on behalf of respondent no. 6.
1. This is an application under Article 226 of the Constitution of India, whereby a direction was sought from this Court for directing the respondent authority to transfer GR Case no. 77/2008 of the Dihangi P.S. Case No. 02/2008 under section 120(B)/121/12(A)/302/392 of the IPC read with section 27 of the Arms Act 1959 to the Fast Track Court for early disposal.
2. The facts of the instant case is that on 04.06.2007 one Shri Mongkho Kuki, ABSI, NC Hills, DEF, Halflong lodged an FIR before the Officer-in-Charge, Umrangso Police Station stating that on 04.06.2007 the petitioner’s father the then EM of North Cachar Hills Autonomous Council along with the then Chief Executive Member (CEM) of the said Council Purnendu Langthasa were killed by the cadres of the Dima Halam Daogah (Jewel) when they have visited Langlai Hasnu village under Dihangi MAC Constituency for interacting with the village people and also for their socio political development.
3. The said FIR was registered as Umrangso Police Station Case No. 33/2007 under Section 120(B)/121/12(A)/302/392 of the IPC read with section 27 of the Arms Act 1959. Subsequently, the said Umrangso Police Station Case No. 33/2007 was transferred to the Dihangi Police Station and re- registered as Dihangi Police Station Case No. 02/2008.
4. The petitioner’s case in brief is that the investigation was carried out in a casual manner for which the petitioner had approached this Court in WP (C) No. 517/2020, seeking a direction to hand over the investigation to an independent investigating authority such as Central Bureau of Investigation. In the said writ petition, the Additional Superintendent of Police (HQ) Dima Hasao filed an affidavit-in-opposition stating inter-alia that during the course of the investigation sufficient evidence were found against the respondent no. 6 herein along with 5 other accused persons. But the charge-sheet could not be filed as they were waiting for prosecution sanction as required under law. Further, to that during pendency of the WP (C) No. 517/2020, the counsel appearing on behalf of the Govt. of Assam informed this Court that on 25.06.2020, the Govt. of Assam had filed a charge- sheet before the Court of Chief Judicial Magistrate, Dima Hasao bearing Charge sheet No. 2/2020 against the respondent no.6 along with 8 other persons and in that view of the matter, this Court vide an order dated 25.06.2002 disposed of the WP (C) No. 517/2020 in view of such development.
5. Pursuant thereto, on the basis of such charge-sheet Dima Hasao Session Case no. 20/2021 have been registered and is pending disposal before District & Session Judge, Dima Hasao. At this stage, it is relevant to mention that this writ petition had been filed prior to registration of the said case Session’s case, as it would be apparent from the fact that the instant petition was filed on 03.08.2020, whereby prayer was made to transfer the G. R. Case No. 77/2008 arising out of Dihangi Police Station Case No. 02/2008 to the Court of Fast Track for an early disposal of the matter.
6. The learned counsel for the respondent no.6 submits that the respondent no.6 had also filed an affidavit-in-opposition. It has been specific stand of the respondent no.6 that the issue which have been raised in the instant proceedings has already been dealt before the Division Bench of this Court in PIL No. 51/2020 which was filed for debarring the respondent no.6 from functioning as CEM of NCHAC and the same was duly dismissed. In the said affidavit, it has also been mentioned in paragraph 10 that out of the three cases indicated by the petitioner in his writ petition, in one case this Court by passing an order dated 21.12.2020 in Criminal Petition N
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