Dimapur, July 29 : The judicial magistrate (first class) of Peren district has set aside the case concerning the contested educational qualification of Nagaland’s chief minister. The court issued an order on Friday ‘dismissing’ the complaint “on the grounds that they are barred by time limitation.”
A copy of the court’s order was received here on Friday explaining the case.
A passage of the verdict stated (given verbatim): “I have considered the above rival submissions advanced by the learned counsel for the parties. Upon considering the submissions advanced, I find force in the submission advanced by the learned counsel for the respondent. In the instant case, the alleged false affidavit sworn by the respondent with regard to his educational qualification was made public in the month of February, 2013 as the same was uploaded in the web site of the Chief Electoral Officer, Nagaland. Thus, in the above circumstances, if we are to accept the contention of the learned counsel for the complainant that the period of limitation would commence from the date of knowledge i.e. July, 2015 and August, 2015, then the very purpose of the provision of limitation would be defeated.”
“Accepting such a contention advanced by the learned counsel for the complainant would make the provision of limitation redundant and would give rise to multiplicity of cases at the whims of the litigant. To accept the contention of the learned counsel for the complainant that the period of limitation would commence from the date of-knowledge in the surrounding facts and circumstances of the instant case would he like arming the opponents of the respondent with a deadly weapon wherein the respondent would not have any respite even after a lapse of 20-25 years.”
“However, if the alleged document of swearing of false affidavit by the respondent was not made public, one may find substance in the contention of the learned counsel for the complainant that the period of limitation would commence from the date of knowledge. But as stated above, once the said documents are made public, it would not be safe to accept the contention of the complainant.
“Accordingly, in view of the aforesaid, both the instant complaint cases are barred by limitation.”
“Accordingly, in view of the aforesaid, both the instant complaint cases are time barred and finding no satisfactory ground to condone the delay, the same are hereby dismissed.”
