KOHIMA, AUGUST 22 : Another hearing on the matter regarding the educational qualification of Neiphiu Rio was heard today at the court of the District & Sessions Judge, Kohima. The matter was heard by Advocate Maongkaba Imchen, while the order has been reserved.
Monday’s hearing discussed the issue of transfer of the case, following the petitioner Neiphiu Rio through his counsel Ashipri Zho filed a petition at the District & Sessions Judge for transfer of the case from the court of Chief Judicial Magistrate.
The transfer of the case was moved by the accused/petitioner Neiphiu Rio basing on the ground that he had lost confidence in the court of the Chief Judicial Magistrate, with the belief that a fair trial will not be given to him.
Following this, the complainant Rosemary Dzüvichü through her counsel A. Zhimomi, also filed an objection in connection with the transfer petition.
At the court of the District & Sessions Judge today, the counsel of the complainant A. Zhimomi countered against the transfer of the case as in a way to delay the matter.
Advocate Zhimomi further charged the accused stating that the transfer of the case was his intention to get the court of his own choice so that judgment comes out in his favour. Zhimomi also requested the court to dismiss the transfer petition.
Against the complainant’s accusation that the petitioner is choosing a court which will favour him, the accused completely denied it.
The complainant had filed in the objection letter that Neiphiu Rio’s son is married to the niece of the Judicial Magistrate First Class, Kohima, Smti Tucuno Vamuzo. To this, the accused denied that such allegation is totally false. It clarified that Late. Vamuzo was from Yorba village under Phek district and that the wife of Rio’s son is the daughter of Shri. Sedevitso of Khonoma village under Kohima district.
Stating that the Oxford dictionary defines the meaning of niece as “a daughter of one’s brother or sister, or of one’s brother-in-law or sister-in-law”, the counsel of the petitioner clarified that Rio’s daughter-in-law is neither the daughter nor son of Late. Vamuzo and that they are from different villages and different tribe.
The petitioner had earlier stated that the court of the Chief Judicial Magistrate (CJM) will not provide him a fair trial as the husband of the CJM is an intimate cousin brother of K. Therie, president of Nagaland Pradesh Congress Committee. It further stated that the CJM is intimately related to the present Chief Minister TR Zeliang in as much as K Therie’s daughter is married to TR Zeliang’s son.
According to the transfer petition, the petitioner was apprehensive that justice may not be delivered from the court of the CJM when the case itself is a politically motivated case filed by the political opponent of the petitioner in the name of Dr. Rosemary Dzüvichü.
On the stay order dated 27.06.2016, the petitioner also questioned the learned CJM as to why the Hon’ble Magistrate refused to grant adjournment on the stay order passed by the District & Sessions Judge, Kohima and proceeded with the case, in spite of the fact that the D&SJ, Kohima had passed the stay order staying the complaint case which was pending before the court of the CJM.
