NOKLEN LEMBA Vs. STATE OF NAGALAND

JUDGEMENT

(1.) The present Writ Application has been filed by Mr. Noklenlemba, father of Late Tiaba Ao who was allegedly died in police custody. By the present writ application, the petitioner prayed for awarding compensation in favour of the wife and the minor children of the deceased as well as to the writ petitioner for the said custodial death and also to fix the responsibility on the guilty officers and to take criminal action against them.

(2.) Heard Mr. Imti Longchar, learned counsel for the petitioner and also Ms. Y. Longkumer, learned Govt. Advocate for the respondents.

(3.) This Court, vide order dated 11.10.2001, while issuing notice of motion directed the learned Addl. Deputy Commissioner (Judicial), Tuensang to cause an enquiry leading to the death of the said deceased and after recording the evidences, both oral and documentary submit report. Accordingly report dated 21.02.2002 was submitted by Shri L.N. Serna, Addl. Deputy Commissioner (Judicial) Tuensang. The writ petitioner had made a complaint against the said report dated 21st February, 2002 stating that the Addl. Deputy Commissioner (Judicial) has submitted a report without giving the writ petitioner an opportunity to cross examine the witnesses in the enquiry as well as to examine any witness in his support. This Court thereafter vide order dated 23.10.2002 directed the learned Addl. Deputy Commissioner (J) to conduct further enquiry by affording an opportunity to the writ petitioner to produce his evidence in support of his case and also allowing the respondents to cross examine the witnesses so produced. The learned Addl. Deputy Commissioner (J) was directed to complete the enquiry and submit the report within a period of 2 (two) months. It was further directed by the said order that the witnesses who were examined during the earlier enquiry should also be made available for cross examination by the writ petitioner. Accordingly the enquiry was conducted by the learned Addl. Deputy Commissioner (J) and submitted the report to this Court pursuant to the said order passed by this Court. The learned Addl. Deputy Commissioner (J) in his report has recorded the following finding :