SGH ADC fined for defying court order

Written by Meghalaya Times. Posted in Front Page

Staff Reporter
SHILLONG, Nov 06: The Additional Deputy Commissioner (ADC) of South Garo Hills (SGH) has been imposed a fine by the Meghalaya High Court for having defied an earlier order passed by it wherein it had directed completion of the trial with regards to a case filed against the jailed GNLA chairman Champion R Sangma.

The High Court also ordered transferring of the case filed with the Baghmara Police Station in 2011 to the Sessions Court, Shillong with a direction that the same is disposed of within 3 months besides allowing the petitioner to move for fresh bail application.
“I hereby order that the Baghmara P.S. Case No. 62 (10) of 2011 (G.R.Case No. 98 of 2011) be transferred to the learned Sessions Court, Shillong immediately,” Justice SR Sen said in an order, which disposed of the transfer petition, issued here on Monday.
“In the meantime, if the petitioner (Champion) desires, he can move for a fresh bail application and the Court should decide in accordance with law,” he stated in the order.
For defying the Court’s order issued on June 16, this year, the Court also said an amount of Rs 10,000 has been imposed as cost upon the ADC, Baghmara, which is to be deposited with the registry within 15 days, while directing the Registry to deposit the same in the account of the Director, Social Welfare, which is to be use for the benefit of the juvenile inmates.
The Court in its order had earlier directed the ADC, Baghmara to expedite the trial and complete the same within 3 months which was not complied with.
It may be mentioned here, the first bail application of the GNLA chairman was moved on 23-06-2017 and it was reserved for order on 28-06-2017 and the order was passed on 29-06-2017. Similarly, the second bail application was moved on 22-09-2017 and the order was passed on 10-10- 2017.
Taking note of this, Justice Sen in his order said, “I remind here, that it is a settled principal of law that a bail application should be disposed of on the same day as the liberty of a person is involved. However, if there are exceptional circumstances, it may be delayed for a day but not more than that and every Subordinate Court should take note of this.”
He also said that however it is pertinent and crystal clear that no importance was given to the said order quoted above for the reasons best known to the ADC, Baghmara.
“Such acts and deeds on behalf of the ADC, Baghmara definitely amounts to contempt of Court. Had there been any difficulty, the ADC, Baghmara could have informed the Registrar General seeking extension of time, but that too had not been done,” Justice Sen stated.
Earlier when Sangma’s counsel, S Dey brought the matter before the Court, S Sen Gupta, Addl Sr State counsel could not justify as to how and why the orders of the bail applications mentioned above were reserved for such a long time.


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