SHILLONG: The High Court of Meghalaya has cautioned an Addl. District Magistrate for his conduct after the ADM permitted a murder accused to go out on bail.
During the hearing on Tuesday, S. Dey, counsel of the petitioner, submitted that initially when the son of the petitioner was murdered an FIR was lodged, the accused, unfortunately, was released on bail under Section 438 for the reason best known to the ADM concerned.
Later, the High Court had taken suo moto on the basis of newspaper reports and cancelled the bail.
The petitioner had applied for a certified copy of the bail order that was refused by the ADM concerned and he was not even allowed to assist the public prosecutor and he further submitted that the petitioner has totally lost faith in the court of the ADM for his conducting behavior.
R. Gurung, learned counsel for the State, submitted that now the matter is in the hands of another ADM.
The High Court said that whatever the case maybe, it is an admitted fact that ADMs (IAS or MCS) are not acquainted with law and therefore, they should not try cases where serious offence has taken place and serious cases should be transferred to the regular court of Chief Judicial Magistrate.
The Court also ordered to transfer the Saipung P.S. case No. 8(7)/2015 under Section 302/34 IPC immediately to the court of the Session Judge, West Jaintia Hills District, Jowai, who should try the case expeditiously and dispose of the matter.
“I also caution the ADM concerned for his conduct that he should be careful in the near future. With this observation, petition is allowed and disposed of,” the Acting Chief Justice S.R. Sen said in the order on Tuesday.
It was in July, 2015 that the murder accused, Helpful Patwet, a government servant employed as Gram Sevak at Saipung Block was granted interim bail by the Court of the Additional District Magistrate at Khliehriat in East Jaintia Hills after he had absconded from the village for many days.
This had irked the victim’s family members and the police.
Patwet along with one Bunlangki Sukhlain were allegedly involved in killing of one Elizar Tariang who was the son of Dolloi, Nongkhlieh Elaka, Na-o Sukhlian on July 15.
While Sukhlain surrendered at Ladrymbai Police Beat House, Patwet had absconded.
