Nagaland to Set a World Record for the Longest Time Taken to Build a High Court

A division Bench of the Gauhati High Court, comprising Chief Justice Ajit Singh and Justice Prasanta Kumar Deka, has directed the CBI to conduct a preliminary inquiry into the allegations raised in a PIL filed before it. The PIL filed by RTI and social activists in Nagaland have raised issues regarding the construction of a High Court in Kohima. The petitioners have alleged that funds have been either diverted or misappropriated.

The foundation stone for the High Court was laid in 2007 by the then Chief Justice of India, K. G. Balakrishnan. The ceremony was attended by the then Chief Minister Neiphiu Rio, among others. At the time, High Courts were planned to be established in Manipur, Meghalaya, Nagaland and Tripura. The other three states have had functioning High Courts since 2013.

In 2017, the Nagaland Tribes Council (NTC) had filed an RTI application concerning the sorry state of affairs. Through the response to the RTI, they were able to gauge that a cost of Rs. 43 crore was estimated for the construction. Between 2009 and 2014, the Nagaland State Department of Law and Justice had withdrawn Rs. 41.62 crore. Between 2015 and 2017, Rs. 11.25 crore had been withdrawn, resulting in costs going over the original estimate by around Rs. 9.5 crore.

Soon after the Morung Expresspublished the NTC's findings, the government of Nagaland responded through a clarificatory statement. The statement mentioned that the estimated cost was Rs. 161.10 crore – not Rs. 43 crore – and that the Department of Law and Justice had received sanction for Rs. 57.61 crore. They stated that the money had been used for establishing road connectivity, site levelling, contour mapping, boundary fencing and construction of a retaining wall, among other activities.

The petition in the Gauhati High Court had alleged that Rs. 22.42 crore had been withdrawn ostensibly for constructing judges’ quarters. However, no area has even been earmarked for this purpose. An amount of around Rs. 44 lakh was withdrawn for electrification and water supply, however, the basic structure is yet to be completed. What was most surprising is that an amount of Rs. 1.30 crore has been paid as 'consultancy fee'. It is inconceivable that any consultancy for a construction project could demand such a hefty price.

Interestingly, Rio, the present CM was previously the chief minister between 2003 and 2014. This was the time when the foundation stone was laid as well as when most of the withdrawals took place. It is no secret that the present government at the Centre values its relationship with Rio. This could influence the preliminary inquiry, considering that it was during Rio's government that the 'irregularities' were committed. However, the fact remains that a High Court has to order a CBI inquiry into the financial shenanigans regarding construction of the High Court in Kohima.