Shillong, July 22: The Shillong bench of Gauhati High Court today dismissed a petition moved by Congress politician Thomas Nongtdu, an accused in the Shillong jailbreak, seeking a stay against re-opening of the case against him.
Rejecting Nongtdu’s appeal, Justice T. Vaiphei said there was no merit in the criminal petition since the chief judicial magistrate of Shillong court, M.B. Challam, had already re-opened the case.
Nongtdu, a Congress-nominated member of the Jaintia Hills Autonomous District Council, was arrested by on June 3 night for allegedly funding the jailbreak.
But chief judicial magistrate Challam released Nongtdu within 48 hours after examining the report submitted by investigating officer K.R. Marak that there was no prima facie case against him.
However, after the police began the re-investigation of the case after appointing a new investigating officer, the same chief judicial magistrate in a hearing allowed the police to re-open the case.
The argument of senior advocate J.M. Chaudhuri and advocate I. Lahiri on behalf of Nongtdu was that the decision of the chief judicial magistrate to re-open the case is illogical as she had once disposed of all the charges against him.
They had also said discharging Nongtdu from the crime by the chief judicial magistrate is the final order and she cannot re-open the case.
The respondent on behalf of the state government, public prosecutor N.D. Chullai in his submission said the first order of discharge of Nongtdu could not be equated with the final order.
Moreover, this is not an order of acquittal precluding further investigation or fresh trial.
Having heard both sides, Justice T. Vaiphei said even if the final report submitted by the police has been accepted by the magistrate, it is open for him or her to take cognisance subsequently on the basis of further investigation ordered by the magistrate.
Moreover, in the particular case a new investigating officer was appointed by the government and he had also put some more offences against Nongtdu, the judge added.
