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Petition seeks CBI inquiry into allegations of fraud, embezzlement under NRHM in Nagaland

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Date : 16/06/2014

Rosemary Dzuvichu versus State of Nagaland & Others
SLP (C) No 31045-31046/2015

This Special Leave Petition was filed against the impugned final order and judgment dated 05.05.2014 passed by the Gauhati High Court, Kohima Bench, in C.M.C No. 18 (K) 2014 of W.P (C) 179 (K) of 2013, whereby the court passed an order deleting the main principal accused(s) from the list of Respondents; and also against the impugned final order and judgment dated 16.06.2014 of W.P (C) 179 (K) of 2013 whereby the Hon’ble High Court passed an order declining to direct the CBI to investigate and prosecute.

The petition was first filed in the Kohima Bench, Guwahati High Court seeking for a CBI inquiry on the wide embezzlement and siphoning of funds amounting to crores of rupees, under the NRHM in the State of Nagaland.

After filing of several RTIs and the CAG report highlighting on the anomalies, the petitioner filed a complaint seeking the registering of the complaint into an FIR. However a preliminary enquiry was only set up by the police department to look into the allegations of the misuse of funds. After a lapse of ten months another police memorandum superseding the former was issued to conduct another preliminary enquiry assigned to another police official. The police failed to take any active action on the complain lodge, thereafter, the petitioner filed the Writ Petition 179 (K) of 2014 in the Kohima Bench of Guwahati High Court. In course of hearing the writ petition, amendment in the petition was made seeking for a CBI inquiry in the alleged scam. Amendment in the prayer was granted and in the wake of the court order, the petitioner received death threats to which application was filed in the court seeking for personal security. Thereafter, an application was filed by the respondent party to delete the names of the main respondent party in the writ petition which was granted by the court vide impugned order dated 05.05.2014. In course of hearing the matter and in the investigation being carried out by a Special Investigation Team the Hon’ble court disposed off the entire petition satisfied with the investigation carried out and failing to acknowledge the need of a CBI inquiry vide impugned order dated 16.06.2014. Both the order aforementioned has been challenged in the Supreme Court of India wherein the case is pending still, to be heard by the Apex Court.

Status (In court):

Pending in the Supreme Court of India. Notice issues to the state respondent.

SLP Final- Nagaland NRHM.doc
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