Dimapur, December 30 (MExN): Expressing discomfiture that even after more than 45 years of statehood, Nagaland state has yet to have its own high court, the Nagaland Bar Association demands one. Making particular reference to the forthcoming assembly elections, the association also insists that “enlightened” political parties keep the matter in their political agendas.
The legal representatives also reiterate the need for separation of the state from the judiciary and a revamp of the latter as well. “Nagaland is a matured state as compared to the young states like Sikkim, Goa, Chhattisgarh and Jharkand; however all these states have their respective high courts and a well streamlined hierarchy in the subordinate judiciary” pointed out a statement issued by the association’s executives. But Nagaland has yet to get one: “Even after more than 45 years of statehood, Nagaland is far below other states in the country so far as judiciary is concerned” the association lamented.
The government was also held responsible for the lapse and the lack: “…it appears that the people in the helm of the government continue to remain in slumber under the so-called 16 point Agreement.” The legal representatives expressed strong displeasure at the attitude of the policy-makers and executives in the state “towards the judiciary.” To the state’s policy-makers and executives the association had this word: Nagaland lacks nothing compared to the younger states so far as the need for a separate high court for the state is concerned.
The association submitted a number of arguments why a high court for the state is the need of the hour: In the subordinate judiciary, creation of session divisions in each district is imperative to be manned by district and session judges and other judges. Other then the constitutionally established courts, even the customary courts down to the village courts need “protection” for independent discharge of its judicial functions. The Gaonburas (GBs) are also affected, the association made clear. “The Gaonburas who have judicial powers under the rules are appointed in various wards, colonies…are left in a mist for lack of statutory recognition of these local bodies so far as the administration of justice in these urban areas local areas are concerned” it explained. The urban local areas are normally looked after by their respective voluntary governing bodies in which the GBs in concern are also members.
“The need of a separate high court, the need of the separation of judiciary from the executive and the need to revamp the judiciary in the state are the concerns for the entire societies. It is highly expected the enlightened political parties should come forward with their political agenda as to match the state at par with other (states) of the country, and for the purpose, the bar also does not exclude the bureaucrats in the state for this (responsibility).”
