L.S.JAMIR,J. - (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. The State Vigilance Commission will have jurisdiction and powers in respect of all matters enumerated below, namely: (a) To undertake any enquiry into any transaction in which a public servant is suspected or alleged to have acted for improper or in a corrupt manner. (b) To cause enquiry or investigations to be made on any complaint that a public servant has exercised or refrained from exercising his power for improper or corrupt purposes; (c) To enquire into complaints of corruption, misconduct, lack of integrity or other kinds of malpractices or misdemea-nours on the part of the public servants including members of the All India Services; (d) To make recommendation as may be appropriate after enquiry or investigation to the Deptt. of the Government; (e) To initiate at such intervals as it considers suitable review of procedure and practices of administration in so far as to maintain integrity in administration. (f) To collect such statastics and other information as may be necessary. (g) To submit an annual report to the Home Minister about its activities and that report shall be laid by the Home Minister before the State Assembly drawing particular attention to any recommendation made by it which had not been accepted or acted upon by disciplinary/administrative authorities." By the same resolution the SVC was attached to the Home Department but for exercise of its powers and functions it was provided that it will not be subordinate to any Department and will have the same measure of independence and autonomy as the State Public Service Commission.
(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: "1. All offences under the Preventive of Corruption Act, 1988 . 2. Sections 406 to 409 IPC and 417 to 420 IPC. 3. Sections 471 to 477A IPC. 4. All offences under the official Secrets Acts, 1923. 5. All offences under the Assam Maint-anance of Public Order Act, 1947. 6. Attempts, abetments and conspiracies of offences in item 4 to 5 above, by whosoever committed. 7. Any other particular offence or offences that may be specified by the State Government."
(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.;