Court says the law does not permit the private individuals like the petitioners, who are not victims or informants, to carry an appeal against the acquittal judgment.
TFM Desk
The High Court of Manipur has dismissed a petition seeking special leave to appeal special (ND & PS) court’s December 17, 2020 judgment acquitting former Chandel ADC chairman Lhukhosei Zou and six others in multi-crore drug haul case.
The petition was filed by four members of The 3.5 Collective. The petitioners —Maibam Jogesh, Geetchandra Mangang, Ramthing Hungyo and Babloo Loitongbam — prayed the High Court to grant special leave to them to appeal the judgement and order dated December 17, 2020 passed by the Special Court, (ND&PS) acquitting the accused persons in the interest of justice.
Dismissing the petition, the high court said law does not permit the private individuals like the petitioners, who are not victims or informants, to carry an appeal against the acquittal judgment. “Likewise, the organization like The 3.5 Collective also cannot carry an appeal against the acquittal judgment on the ground that they are fighting for a social cause.” It added.
The high court further said ultimately it is the state to prefer an appeal against the acquittal judgment dated 17.12.2020 passed in Special Trial Case No.100 of 2018 and this court cannot force the State to file an appeal against the acquittal judgment dated December 17, 2020.
In the instant case, the petitioners who are individuals seeking leave to file appeal against the December 17 acquittal judgment if granted it would be a dangerous doctrine and would cause utter confusion in the criminal justice system, observed the high court.
Further, the petitioners have failed to produce any authoritative pronouncement of the highest Court to show that they are entitled to seek special leave to appeal against the acquittal judgment, it added.
The court also said it is of the view that no legal right is made out by the petitioners to seek special leave to appeal against the December 17 judgment passed in the Special Trial Case No.100 of 2018.