NAGALAND TRIBES COUNCIL (NTC) Vs. STATE OF NAGALAND

JUDGEMENT

(1.) The Nagaland State Vigilance Commission (SVC in short) was set up by resolution dated 9.4.1976 with the following jurisdiction and powers:

(2.) By a Notification dated 15.6.1976 and in exercise of powers conferred by the provisions of Section 2(s) of Criminal Procedure Code, 1973 (Cr.PC for short), the office of the Director of Vigilance was declared as Police Station w.e.f the date of issuance of the date of the notification. By another notification dated 9.12.1976, in exercise of powers conferred by Section 2(s) of the Cr.PC, the Director of Vigilance and Anti Corruption Nagaland was directed to be the Officer in-charge of the Police Station (Vigilance). Thereafter, the Secretary to the Government of Nagaland, Department of P &AR (Vigilance Branch) issued a memorandum dated 30.11.1979 on the jurisdiction and powers of the Vigilance Commission and submission of documents/records. As the earlier notification declaring the office of the Director of Vigilance & Anti Corruption, Nagaland to be a Police Station did not provide for the provisions of the office under which the Police Station shall have jurisdiction and which invariably caused some confusion, the Home Department, Political Branch, Government of Nagaland issued a notification dated 21.8.1999 providing that the Director and officers of the Directorate of Vigilance & Anti-corruption shall be deemed to be Police Officers of the Vigilance Police Station and have jurisdiction and powers to investigate into the offence punishable under the following sections of law:

(3.) The Department of Justice and Law, Government of Nagaland by notification dated 4.9.1997 in exercise of powers conferred by Section 3(1) of the Preventive of Corruption Act, 1988 read with Rule 15 B of the Rules for Administration of Justice and Police in Nagaland ,1937 and notification dated 19.6.1975 issued by the Government of Nagaland appointed the Additional Deputy Commissioner (Judicial), Kohima as special Judge within the jurisdiction of Kohima district to try offences namely, (a) any offence punishable under the Prevention of Corruption Act 1988 and (b) any conspiracy to commit or any attempt to commit or abetment or any of the offences specified under the P.C. Act, 1988. The Tribunal for disciplinary proceeding in the Vigilance Commission Nagaland as the Special Judge within the jurisdiction of the Police Station of the Vigilance Commission was also appointed by notification dated 23.3.2007 issued by the Department of Justice and Law, Government of Nagaland.