SIT to probe NRHM fund misuse in Nagaland, says SC

Earlier in 2018, the state police had constituted an SIT which substantiated the allegation of misuse of funds but did not disclose its findings.

 The Supreme Court has constituted a special investigation team (SIT) to probe alleged misuse of National Rural Health Mission (NRHM) funds by the Nagaland government in 2012 and directed it to submit a report to a competent court within six months.

A bench of justices Surya Kant and JK Maheshwari passed the orders while deciding on a petition filed by activist Rosemary Dzuvichu, who approached the top court in 2014. (HT Photo)

Earlier in 2018, the state police had constituted an SIT which substantiated the allegation of misuse of funds but did not disclose its findings.

A bench of justices Surya Kant and JK Maheshwari passed the orders while deciding on a petition filed by activist Rosemary Dzuvichu, who approached the top court in 2014.

“The most appropriate recourse would be to constitute another SIT comprising three senior IPS officers, preferably direct recruits, to further investigate the allegations and if any substance in such allegations is found, to submit a supplementary charge sheet,” the bench said in its order dated December 6.

In 2013, the petitioner had approached the Kohima bench of Gauhati high court, seeking an independent probe by the Central Bureau of Investigation (CBI). In 2014, the high court dismissed the petition, saying it was satisfied by the efforts taken by the state to probe the allegations.

In her petition in the top court, Dzuvichu alleged that the engineering division of NRHM paid bulk advances in cash for various fictitious works and paid kickbacks to high ranking officials associated with the scheme.

“Instead of extending a helping hand to pregnant women or lactating mothers and little children at public health centres, the funds provided by the Government of India were allegedly spent on purchasing of high end luxury vehicles,” senior advocate Colin Gonsalves who appeared for the activist said.

The top court said it will not be appropriate for it to make any expression of the matter as it is pending trial before a special CBI court in Nagaland where a charge sheet has already been filed.

“This court is not the correct forum for the investigation or to reach any logical conclusion with respect to the veracity of the allegations levelled by the appellant. Similarly, the impartiality, objectivity and fairness of the investigation carried out by the SIT will be considered by the court of competent jurisdiction in due course of time,” the bench said.

Nagaland advocate general and senior advocate KN Balagopal denied the charges and said a thorough probe was already conducted by another SIT earlier and a part of the allegations were turned down by the Comptroller and Auditor General of India (CAG).

The CAG report highlighted discrepancies in use of NRHM funds. For instance, it said, the helpline contract awarded to one M/s Neile Enterprises never saw the light of the day though the firm was paid a whopping amount of ₹33 lakh. In another instance, M/s Anthropological Society of Nagaland was stated to be paid ₹11 lakhs for producing radio programmes but the said society denied receiving any payments from NRHM.

Balagopal also said a charge sheet has already been filed.

After taking consent from both sides, the bench said the allegations could be looked into again by an SIT headed by Nagaland deputy inspector general (DIG) M Roopa. It will also comprise Sanmeet Kaur (DIG), planning and development, Nagaland Police) and superintendent of police (organised crime) Amit Nigam.

“The SIT, so constituted, shall look into all the allegations and will further consider the CAG report, and make an endeavour to conclude the further investigation as early as possible and preferably within six months and submit its report to the court of competent jurisdiction whereupon, the law will take its own course,” the bench said.

Prior to the probe by the first SIT, two senior Nagaland Police officials had conducted preliminary enquiries to examine the allegations but did not complete their probe.

With its directive, the top court disposed of the proceedings in the appeal pending since 2014, granting liberty to the new SIT to file its report before the competent trial court where a charge sheet in related allegations is pending.