NSF and Naga Club dispute escalates as legal battle unfolds

NSF Office Vandalization Triggers Legal Battles and Protests, Unveiling Ownership Disputes and Law Enforcement Concerns

A full blown legal battle between the Naga Students’ Federation (NSF) and Naga Club ensued even as NSF held a sit-in protest outside its demolished office today demanding for justice following the government’s failure to arrest the culprit within the 24-hour ultimatum it issued on 27 May. NSF President Kegwayhun Tep informed that if the culprit is not booked at the earliest, the agitation will intensify in the next phase.

Meanwhile, the Naga Club has filed a criminal petition at the Gauhati High Court Kohima Bench, invoking Section 482 of the Code of Criminal Procedure Code, 1973. They have sought the quashing of the FIR lodged by the NSF regarding the vandalism of their office.

During the court proceedings, the counsel representing the petitioner, Sentiyanger, argued before the court that the FIR filed by the NSF at the North Police Station Kohima was “misleading.”

The Counsel stated before the court that the Naga Club held ownership rights over the land and building in question. Additionally, the NSF, who were tenants of the said building, had been served vacation and eviction notices prior to the demolition. The Counsel explained that the purpose of the demolition was to make way for the reconstruction of the building due to its deteriorated state.

Justice Mridul Kumar Kalita, hearing over the petition, ordered the issuance of a notice to the students’ body. As a copy of the FIR was not presented in court due to certain circumstances, the court directed the state’s Public Prosecutor, V Zhimomi, to provide the case diary in the upcoming hearing. The Public Prosecutor was given time to seek instructions and file objections, if necessary. The next hearing is scheduled for 5 June.

During the proceeding, it was revealed that 3 persons who were not office bearers of the Naga Club had been arrested based on the FIR. The FIR had been registered under Sections 457, 427, 120B, and 34 of the Indian Penal Code.

HC grants anticipatory bail to six Naga Club members

Justice Mridul Kumar Kalita following a hearing on the criminal petition filed by the Naga Club, which sought the quashing of the FIR filed by the Naga Students’ Federation (NSF) regarding the alleged vandalism of a historic building, on Monday, granted anticipatory bail to six leaders of the Naga Club. However, this bail was granted on the condition that the petitioners surrender themselves to the investigating authority within three days.

The Naga Club had recently claimed responsibility for the demolition of the said building, asserting their ownership rights over the land and structure. The land in question spans an area of 9,257 square feet. The anticipatory bail petitions were filed by the president, Kuolachalie Seyie, the secretary, Gwanilo Himb, and other office bearers including Viketoulie Pienyü, Prasielie Pienyü, Khriedi Theünuo, and Nezonyü R Solo.

Based on the facts and circumstances presented in the anticipatory bail petitions, the judge directed the petitioners to appear before the investigating officer within three days and cooperate with the investigation. The court further ordered that if the petitioners surrender within the specified timeframe and are subsequently arrested, the arresting authority should grant them bail of Rs 20,000, along with one surety of the same amount, until the next hearing of the case, subject to the satisfaction of the arresting authority.

The anticipatory bail petitions were heard under Section 438 of the Code of Criminal Procedure. The counsel representing the petitioners informed the court that the petitioners feared arrest due to the FIR registered by the NSF under various sections of the Indian Penal Code.

Furthermore, on Sunday, the Naga Club took responsibility for the demolition of the building, stating that as owners of the land and structure, the demolition occurred after eviction notices were served to the tenants. The Naga Club also requested that the investigating authority refrain from taking further action in the case, allowing the matter to be resolved in an appropriate court of law or before an appropriate forum.

NSF remains confident

Kegwayhun Tep, the President of NSF, shared his opinion on the matter in a telephonic conversation with Mokokchung Times. He stated, “The reason why the Naga Club went to the court was because they received an arrest warrant so they wanted to be protected through the anticipatory bill.”

However, it is important to note that the legal battle in the High Court solely aims to quash the FIR, while the dispute over the ownership of the land and building will reportedly be settled in a civil court. Tep expressed confidence in the NSF’s legal battle, stating that they possess the necessary documents to prove their justifications and are prepared to face the legal challenges ahead.

Advisor Imkong L Imchen also echoed similar sentiments, stating, “Morally speaking, they cannot even claim that they belong to Naga Club because Naga Club does not belong to some individuals.” He emphasized that the matter of ownership of the land and leadership of the Naga Club should not be “mixed.”

In response to the Naga Club’s statement asserting their ownership of the land and structure, Advisor Imchen stated, “That is their view; the NSF view will be different. It is their own opinion but that does not mean we all must subscribe to it.” He clarified that the NSF had obtained proper authorization to establish their office within the Naga Club building.

Imchen expressed confidence that his contention would withstand legal scrutiny and the test of time, emphasizing that he speaks the truth.

Cabinet will contemplate for further course of action: Imna Along

In a press conference held in the evening, Temjen Imna Along, Nagaland Minister of Tourism and Higher Education, addressed the recent developments regarding the destruction of the Naga Students’ Federation (NSF) building. Along stated that once Chief Minister Rio returns from Delhi in the next few days, “under his leadership, the cabinet will surely contemplate on further course of action.”

The minister expressed his opinion on the matter, emphasizing that regardless of the various versions emerging, “no version justifies destroying the house of the NSF.” He acknowledged the legitimacy of the NSF as an apex body since the inception of the Naga society and recognized the justification behind their anger. Along stated that this anger is not limited to the NSF alone, but extends to all right-thinking Naga citizens.

Regarding the actions taken against those who took the law into their own hands, the minister assured that the government machinery is working diligently to uphold justice.

MLA Achumbemo Kikon questions district police and administration

The recent incident in the capital city of Kohima has garnered strong condemnation from MLA and former President of NSF, Achumbemo Kikon. Expressing his concern, Kikon raised questions about the capabilities of the district police and administration, highlighting the significance of ensuring the safety of the NSF office and its implications for the overall security of the people.

“How can this happen in the capital city of Nagaland? If this thing happens to an office like NSF, what will happen to your private property and to your life? We all are insecure at this rate,” Kikon remarked, expressing his disappointment and frustration over the incident.

Furthermore, Kikon demanded that the culprits responsible for the destruction be apprehended and brought to justice in accordance with the law. He emphasized the existence of a system to address issues and conflicts and stressed that individuals should not take the law into their own hands.

He further clarified that the NSF at no point of time tried to change the nomenclature of the building.

“I don’t understand what prompted them to go to this extent. If you hand over to this group of people with such a mentality, to take the Naga issue forward, what can we expect?” he questioned.

Emergency NSF Seniors’ consultative meeting convened

Meanwhile, an emergency consultative meeting for the seniors of the Naga Students Federation has been convened at 11:00 am on 30 May at Angami Public Organization (APO) Conference Hall, Kohima to discuss the Naga Club building issue. Therefore, all senior leaders of the Federation have been requested to be a part of the meeting and present their thoughts in the interest of the Federation in particular and for the welfare of the Naga people at large.

Mokokchung Times