Kohima, August 23 (MExN): The Nagaland Tribes Council (NTC) has taken the Government of Nagaland to court over a resolution it passed in June this year that, according to the NTC, “blatantly and subjectively divested the legal powers and jurisdiction” of the State Vigilance Commission (SVC), the only investigative establishment of Nagaland State.
In clause 3 of the resolution passed on June 8, 2016, the Chief Secretary to the Government of Nagaland has been given “overriding authority” over the Commission, noted NTC. Moreover, the resolution kept Political Executives and All India Services and others “outside the purview” of the SVC. The Suo Moto power of the SVC to investigate cognizable offences were also “withdrawn,” stated the NTC. “It has further made mandatory for the SVC to ascertain from the Chief Secretary, whether parallel investigation into similar offences is not being carried out by other investigation agencies, and to submit a sealed covered information to the Chief Secretary, from the time of investigation,” it informed.
“Such dilution of the powers of the Commission will definitely hamper the efficiency of the investigative authority,” noted the NTC, terming the resolution “totally illegal, arbitrary and without jurisdiction.”
In this regard, the NTC has filed a Public Interest Litigation (PIL) in the Kohima Bench of the Gauhati High Court on August 22 challenging the validity of the said Government resolution. The case, heard by Justice LS Jamir, has been listed for hearing on September 26 with an assurance from the Justice that the Court will attempt to “dispose of the matter on the next returnable date keeping note of the matter being urgent and of public importance.”
A press release to this effect was issued by petitioners in the case, namely Theja Therieh, Chairman, Media Cell & Convenor, Committee on SVC, NTC, Zhovehu Lohe, Advisor, NTC and Member, Committee on SVC, NTC and Er. Talituba Sanglir, President, Kohima Ao Senden and Member, Committee on SVC, NTC. The case is represented by Sr. Advocate Taka Masa Ao, Advocate Arenlong and Advocate Khrievono.
