Morung Express News
Dimapur | February 19
The Court of the Chief Judicial Magistrate (CJM), Dimapur, on February 18 framed charges against three persons in connection with alleged irregularities in construction works of the New High Court Complex at Meriema, Kohima, rejecting their discharge pleas in a CBI case.
The works pertained construction of a black-topped road and chequered-tile footpath from National Highway-61 (Wokha Road) to the main building of the New High Court Complex, for which a government work order was issued in 2007–08.
As per the Court’s order, the three persons against whom charges were filed are Thepfusatou Rio of M/s Hexad Syndicate and his two partners, Mhalelie Rio and Vibeilietuo Kets based on CBI chargesheet No 7 of 2021.
They were charged with “conspiring” with six engineers of NPWD (R&B) by engaging in substandard and incomplete construction as well as ‘cheating’ the State Government.
This resulted in the alleged defrauding of the public exchequer, leading to excess payment of Rs. 29,68,345 (Rs. 25,89,568.75 for the road and Rs. 3,78,777 for tiles), the Court order read, thereby taking cognisance of the offences.
However, as prosecution sanction against six NPWD engineers named in the chargesheet was denied by the Government of Nagaland, no charges were framed against them.
Competing claims; Court’s ruling
According to the prosecution, a CBI investigation found that excess payments were made to the contractor despite shortages in the length of the constructed road and footpath, allegedly causing wrongful loss to the State exchequer.
However, the petitioners’ counsel contended that the work was substantially completed and that any remaining shortfall arose because the CBI measured only the completed portion, without taking into account the stretch encircling the High Court building.
The remaining work, it was submitted, was due to be completed after the main High Court building.
Thus, payments were made strictly for executed work and that the dispute, if any, was contractual in nature and did not attract criminal liability, the defence submission added.
The counsel further argued that the allegation that the petitioners received Rs 25.69 lakh in excess was “totally false” as the State Government was yet to pay over Rs. 1 crore and questions of excess payment does not arise.
The fairness of the investigation was also questioned citing the absence of prosecution sanction against government engineers.
The prosecution, however, opposed the discharge applications, maintaining that the materials collected during investigation disclosed a prima facie case warranting trial and that the applications were an attempt to delay proceedings. It further cited rejection of earlier discharge and quashing attempts by the petitioners.
In its order, the CJM observed that at the stage of framing of charge, the court is only required to ascertain whether a prima facie case exists on the basis of the materials on record, and not to determine the likelihood of conviction.
Noting that the charge sheet and supporting documents raised sufficient grounds for proceeding against the trio for alleged conspiracy and cheating, the Court rejected the discharge applications.
“And I hereby direct that you be tried by this Court on the said charges,” read the separate pronouncement on the trio.
Case background
As per court records, the matter originated from a Public Interest Litigation (suo motu) taken up by the Gauhati High Court (GHC), Principal Bench in 2017 following a news report published on September 13, 2017 regarding alleged “misappropriation of public money” vis-à-vis the slow pace of construction of the new High Court complex.
Accordingly, on May 2, 2018, the Court directed a preliminary enquiry by the Central Bureau of Investigation (CBI) with a three-month deadline.
On the basis of the enquiry, the CBI filed an FIR on June 17, 2019, naming 16 individuals. The agency also launched an investigation into six allegations and subsequently submitted two chargesheets (No. 6 and 7 of 2021) before the Special CBI Judge, Dimapur.
Some accused named in the FIR were discharged after no offences were made out, while prosecution sanction against State Government officials was denied.
Meanwhile, on June 28, 2024, the Special Judge, CBI rejected a prayer for discharge and ordered trial, and the case was subsequently endorsed to the CJM, Dimapur. A case against another contractor is also underway.
Meanwhile, during the pendency of the case, the trio filed criminal petitions before the Gauhati High Court Kohima Bench seeking to quash the June 17, 2019 FIR and CBI chargesheet No. 7/2021 along with the pending criminal proceedings.
However, on April 8, 2025, the Gauhati High Court declined to quash the matter and remanded it back to the CJM, Dimapur for trial.
Accordingly, on February 18, 2026, the CJM, Dimapur rejected the discharge applications and ordered the trial to proceed.
