PUSHPA SARMA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) These writ proceedings have been initiated seeking a writ of quo- warranto towards removal of the respondent No. 5 who has been designated as Special Judge, Mizoram, Aizawl on ground of being not qualified to hold the office as contemplated under the provisions of Prevention of Corruption Act, 1988 and to restrain him from proceeding in any manner with the trial of the particular criminal case. A further prayer has been made to transfer the criminal trial from Mizoram to the court of Special Judge, Assam, Guwahati.

(2.) The basic facts are not in dispute. One Dr. Zairema of Zarkawt, Aizawl who is allegedly member of the political party called Mizo Peoples Conference lodged an FIR on 4.10.96 before the Superintendent of Police, Anti-Corruption Branch, Mizoram making a number of allegations against the then Chief Minister of Mizoram, Shri Lal Thanhawla and involving the petitioners and some others, on the basis of some reported discoveries made during the course of search investigation conducted by the Income Tax department in the business premises of the petitioner in WP No. 5628/2003 where the petitioner in WP No. 5832/2003 is a part time Accountant. The informant alleged that it was reliably learnt that the seized documents revealed a number of things including details regarding payments made by the petitioner in WP No. 5628/2003 on account of construction of the Chief Minister's building, besides for some other purposes. It was also alleged that the seized documents reportedly revealed payment of donations to the then Chief Minister's political party fund through some local firms and that the business operation of the said petitioner is carried out through some local Mizo firms so as to claim exemption in Income Tax liability.

(3.) On receipt of the aforesaid FIR, the police registered a case being Aizawl P.S. Case No. 631/96 under Section 120 B of IPC read with Section 7/12/13(1)(d)/13(2) of the Prevention of Corruption Act, 1988 against the petitioners and said Sri Lal Thanhawla. According to the petitioners the police started harassing them after the lodging of the said FIR. According to them the entire action towards lodging of the FIR is motivated by political interest in view of the then ensuing assembly election in Mizoram held in October, 2003 and in the process the petitioners have also been made the victim of the circumstances. The petitioners obtained pre-arrest bail. In due course the Government of Mizoram in the Home Department accorded sanction for prosecution of the accused persons including the petitioners. After framing of charge against the petitioners and said Shri Lal Thanhawla, the Special Judge, Mizoram fixed 6.8.2003 as the date for appearance in connection with the said case registered and numbered as Criminal Trial Case No. 1626/96.