ZURENTHUNG LOTHA AND ORS. Vs. THE STATE OF NAGALAND AND ANR.

JUDGEMENT

(1.) THIS is an application and/or appeal directed against imposition of collective fine against the villagers of Rolan New purported to be under Rule 14 of Rules for the Administration of Justice and Police in Nagaland, hereinafter 'the Rules'.

(2.) THE impugned order of imposition of collective fine of Rs. 25.000/ - on the villagers reads as follows: ORDER Whereas on the 27th day of May, 1978, one L.P. School teacher from Rengmroapani village was kidnapped by some criminals and subsequently he was killed and buried within the New Rolan village area. And whereas the villagers of Rolan New failed to assist the local Administration in prevention of heinous crime of kidnapping and murder of the said teacher and failed to inform the local authority about the commission of the said offence and concealed it, I, Shri S.B. Chettri, Deputy Commissioner, Wokha do hereby, under the provision of the Rules for the Administration of Justice and Police in Nagaland, do hereby impose a collective fine of Rs. 25.000/.(Ruppes twenty -five thousand) only on New Rolan village and further order that the said fine be paid within a period of three days from the 30th day of May, 1978. Given under my signature at New Rolan village on 29th day of May, 1978. Sd/ - Illegible(S.B. Chettri)Deputy Commissioner, Wokha,Camp: New Rolan.

(3.) THE purport of the order is that the villagers of Rolan New Village having had the knowledge of kidnapping, murder and burial of the dead body of one I.P. School teacher had faired to inform the local authority about the commission of the offence and thereby concealed the commission of the offence and these acts or failure of duly or inactions amounted to violation of the provision of Rule 14 of the Rules and the villagers were imposed collective fine of Rs. 25,000/ -. The villagers were directed to pay the fine within three days from the 30th day of May, 1978. It appears from the records that the learned Deputy Commissioner, Wokha, visited the village in question on 29th day of May, 1978 itself. There is nothing to show as to whether he had made any enquiry into the matter relating to the alleged acts of omission of the villagers. There is nothing to show in the order as to who were the persons to inform the learned Deputy Commissioner about the failure of duty, inaction or suppression of commission of offence by the villagers. It does not appear from the order itself that any resident of the village was given any opportunity to meet the allegation.