Magisterial inquiry ordered; report to be submitted within 7 days
Following the allegation of sodomy committed on Rikhumkaba, one of the accused in the July 4 murder case of Nungshilila in jail, the court of Dimapur District and Session Judge S. Hukato Swu Tuesday ordered a magisterial enquiry into the allegation.
Incidentally, the person accused of committing sodomy was Shajan Ali, one of the nine accused in the 2004 Dimapur twin blasts case who was also one of the inmates where Rikhumkaba was lodged.
Taking serious note of the allegation, the learned judge appointed the Chief Judicial Magistrate (CJM) to conduct a detailed inquiry into the case and submit a report within seven days.
It has been alleged that Shajan Ali committed the act when Rikhumkaba was transferred to Central Jail Dimapur. Shajan Ali allegedly committed the act “not only once.” The last time Rikhumkaba was allegedly sodomized was on September 28.
When Rikhumkaba could not “bear it anymore,” he is reported to have confided the details of the incidents to other inmates and this lead to a “riot” like situation in the jail.
In order to avoid any untoward incident in the jail, the jail authority reportedly shifted all the nine accused to Sub-Jail Dimapur.
Tuesday which was supposed to be hearing of the prosecution witness of 2004 Dimapur twin-blast, the defense counsels of the nine accused of Dimapur 2004 twin-blasts prayed to the learned judge to re-transfer the accused to Central Jail citing that the convicts faced problems in the Sub-jail.
The defense counsels citied lack of infrastructure in the sub-jail to house the convicts.
Objecting to the prayer, the public prosecutor Imtiakum who is also handling July 4 murder case, pointed out to the judge that committing sodomy in jail by one of the accused was a “serious issue.”
He pointed out that when such act was committed inside the jail and the same had come to the notice of the public and court, even after the lapse of a month, no such report was received from the authority.
Public prosecutor Imtiakum pointed out that if the issue was let off without notice, it could have serious repercussions even upon the court.
He then sought the court to take judicial notice and initiate sou moto steps.
The public prosecutor also pointed out that shifting of the accused from Central Jail to Sub-Jail was for “administrative action” on temporary basis so as to preserve security of the inmates in the jail.
After hearing the defense counsels and public prosecutor, Dimapur District and Session Judge, S. Hukato Swu did not allow shifting of the inmates to Central Jail as submitted by the public prosecutor that the same was temporary.
On the alleged sodomy committed by Shajan Ali, the court noted it as serious and ordered a magisterial enquiry into the matter.
Meanwhile, the prosecution witness failed to turn up and the court re-fixed the date of next hearing to November 29.