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HC-Law Dept tussle: Chungtia murder victim’s family support Govt’s move

Nagaland News

DIMAPUR, JUNE 15: Following Nagaland Government’s attempt to justify the transfer of Chungtia murder case from Mokokchung to Dimapur, which was met with objection from the Registrar of the Kohima Bench of Gauhati High Court, the Counsel for the victim’s family has contended that the State Government has not committed any illegality in doing so.
“Mr. AK Bhuyan, learned Counsel appearing for the informant/victim, has submitted that the State Government has not committed any illegality in transferring the trial of the case from the district of Mokokchung to the district of Dimapur.
“However, he has submitted that even if it is assumed that the State has no power to transfer the said trial from one district to another and that power can only be exercised by this Court by invoking 407 CrPC, then also the informant/victim has a strong case which requires the transfer of the trial from the district of Mokokchung to the district of Dimapur”, stated an order passed by a Bench comprising Chief Justice Vijay Bishnoi and Justice LS Jamir on June 13.
Accordingly, the Counsel prayed for some time to produce some materials on record in support of his contention that the informant/victim may not get fair trial in the district of Mokokchung.
The Bench granted two weeks’ time.
“Mr. Pheniang Lushing, learned Counsel appearing for the accused persons namely, Mr. Meyalepden (A2 49 years), Mr. Tongpangtsuba (A4 40 years), Mr. Bendangsunep (A5 29 years), Mr. Supongsunep (A6 35 years) and Mr. Imtizachet (A7 27 years), has submitted that they already filed affidavit-in-opposition on April 26, 2024.
“The copy of the said affidavit is not available on record. The Registry is directed to ascertain whether any such affidavit is filed, and if filed, the same may be placed on record. If the said affidavit is already rejected by the Registry, or not cleared/passed on account of some defects, the learned Counsel for the aforementioned accused persons is directed to file a fresh one”, the order read.
Also, the Bench ruled that the interim order dated November 2, 2023 ~ which had stayed the proceedings of GR Case No. 34/2023 at Mokokchung PS-II ~ will continue till the disposal of case.
The case pertains to the murder of Imkongjiba Kichu at Chungtia Village in Mokokchung District.
Imkongchiba was the nephew of T Chalukumba Ao, who had contested and lost in last year’s Nagaland Assembly Elections as JD (U) candidate. The nephew was found murdered on February 22.
After an order issued by the State Law Department to transfer the murder case from Mokokchung to Dimapur, the Registrar of the Kohima Bench of Gauhati High Court had filed a suo moto petition opposing the move.
(Page News Service)

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