After an Anticipatory bail petition heard by Justice Mridul Kumar Kalita on the criminal petition filed by the Naga Club, which sought quashing of the FIR filed by the Naga Students’ Federation (NSF) alleging the vandalization of the historic building an anticipatory bail petitions were filed by Naga Club president Kuolachalie Seyie, Secretary Gwanilo Himb, and other office bearers including Viketoulie Pienyü, Prasielie Pienyü, Khriedi Theünuo, and Nezonyü R Solo.
The anticipatory bail petitions were heard under section 438 of the Code of Criminal Procedure and the Gauhati High Court Kohima granted anticipatory bail to the six leaders of the Naga Club on condition that the petitioners surrender before the investigating authority within three days.
It had been mentioned in the hearing that the land covers an area of 9,257 sq ft. and the Naga Club wanted to demolish the old building and build a new building. It was also learned that the club approached the Kohima Municipal Council (KMC) and got a construction permit on 24 November 2021. The club claimed that since it became impossible to talk to NSF in person, an eviction notice was served on 12 July 2022 addressed to the president and was given 45 days to vacate the land and building.
Among the several documents presented includes a clarification given by the NSF on the building, a vacation notice which was given to the NSF on 6 March 2023 written by the chairman who was also presented.
The judge also mentioned that since Nagas do not have tenancy law and that approaching civil court before demolishing the building was the right thing to do.
Naga Club further mentioned that they went to demolished in the wee hours because this location is in the heart of Kohima and they did not want to disturb the busy street during the day.
The judge stated that considering the facts and circumstances of this case, as stated in the anticipatory bail petition, the petitioner is directed to appear before the investigating officer of this case within three days from the date of this order and cooperate with the investigating officer for investigation.
The petitioners’ counsel had also notified the court that the petitioners were apprehending arrests as an FIR was registered by the NSF under various sections of the Indian Panel Code.
The court directed that if the petitioners surrender within the time stipulated, in the event of the arrest in connection with the said case, the arresting authority shall allow the petitioners to go on bail of Rs 20,000 with one surety of like amount during the period, till the next hearing of the case, to the satisfaction of the arresting authority.
