Zeliang degree row: NPF replies to NPCC’s demand for enquiry

EMN
Dimapur, November 10

Piqued by repeated allegations on the qualification issue of Chief Minister TR Zeliang, the Naga People’s Front today said some people are determined to embarrass the chief minister in any possible manner.
“No chief minister in the history of Nagaland has been harassed like the present chief minister by various elements in the society for their vested interests in the last two years or so since he assumed office.”
Referring to news item issued by Working President of the NPCC P Ayangba Aonok demanding the governor to immediately set up an impartial enquiry committee to verify the affidavit in the Form- 26 filed by chief minister while filing nomination papers, NPF Central Office PRO, Yanger Jamir in a statement said, “If at all the NPCC is interested to get to the bottom of the matter, they should have followed or pursued the matter in the right perspective instead of fooling the people on the streets with their antics. It is very unfortunate how some people stoop to gain some brownie political points!”
The statement said, “This qualification issue is the most interesting development which had assumed the shape of a political whip with which some people are vainly trying to use it against the Chief Minister! Everybody knows that qualification is not a requirement or a criteria for someone to enter into politics and serve the people.” Stating that some people are so fixated with someone’s qualification to occupy the chair of the chief minister, the statement mentioned that initially, some opponents of the chief minister in his constituency repeatedly approached a gentleman to write to the Superintendent of Police, Kohima which was later retracted.”
“The gentleman had the grace to apologise in public domain. Later, when the case was withdrawn, others entered into the fray again using the same documents and filed an FIR with the OC Kohima North Police Station who, accordingly, began preliminary investigation into the matter. But while these investigations were in the process, those two who filed the FIR, in their impatience, went and filed a writ petition which, as stated above, was thrown out of the Court and the case was closed for good. As soon as the matter was rejected by the High Court, the NPCC has now approached the Governor. This is most irregular, but at the same time, clearly shows the determination of some people to embarrass the Chief Minister in any manner possible.”
“More is the pity since these harassments are being meted out to him for narrow political interests resulting in his image getting an unfair bashing. But then, truth will prevail as in the past when perpetrators of such misadventures have been compelled to retract and apologise.”
“This is to bring it to his notice that a writ petition (civil) was filed by petitioners Maziezokho Nisa and Rokovisie Rino in the Kohima Bench of the Guwahati High Court praying for issuing direction to SP Kohima and OC Kohima North Police Station for registering the FIR filed by the petitioners with the OC North PS on September 8, 2015.
The petitioners have alleged that false information was furnished to the EC and was liable to be punished with imprisonment under section 125-A of The Representation of Peoples Act, 1951 and under various sections of the IPC including 468.
The Court, in its hearing of the case on October 1, 2015, observed that the “facts alleged in the information discloses allegation of furnishing false affidavit before the Election Commission which estables a prima facie case under Section 125-A of the Representation of Peoples’Act for which a punishment of 6 (six) months imprisonment is prescribed in law. Obviously, this is not a cognizable offence. Be that as it may, in the information furnished by the petitioners there is no allegation as to committing forgery by TR Zeliang although Section 468 has been mentioned at the end of the information. Mere mentioning of section cannot be construed to have disclosed the ingredients of the section unless by furnishing material facts ingredients of the section are disclosed. Addition of section 468 IPC, therefore, cannot lead to a presumption that the information furnished by the petitioners contained allegations of cognizable offence.”
“The Court also opined that the petitioners have not “disclosed commission of any cognizable offence” and ruled that even if wrong information was furnished to the Election Commission, it still does not come under the ambit of a cognizable offence and also “in view of the provision of Section 154 of the Code of Criminal Procedure as well as the law laid down by the Constituent Bench of the Hon’ble Supreme Court in the case of Lalita Kumari [Vrs Government of UP, reported in (2014) 2 SCC 1], no direction can be given to Police for registering a case on the basis of such information. The writ petition, therefore, is devoid of any merit. It is, accordingly, closed.”
“My humble appeal to the friends in the Congress party would be that rather than getting stuck to a single tune like a spoilt record player it would be better if we are to put our heads together to serve the people in many more beneficial ways. Let no one make mountains out of a mole hill, nor make a non-issue into an issue whereby we waste precious time.”