Imkong Walling
In law, there is a term called ‘suo moto.’ This term, of Latin origin is defined as “on its own motion/accord,” or in other words— taking a conscientious initiative to act or do something at one’s own accord.
This, however, does not imply that an individual/party/government body can act with impunity. The law is very clear as to which state authority has the privilege to exercise this code.
Article 32 and Article 226 of the Constitution of India confers this special privilege to the Supreme Court and the High Courts. The courts apply or invoke this code in exceptional situations when rights/liberty are held or believed to have been violated without any prompting or complaint from any party.
It often results in government agencies being directed to initiate investigation or even reopen old cases.
Comparatively, the Code of Criminal Procedure, also known as CrPC, enables the enforcement agencies or the police to act suo moto in certain situations.
The CrPC empowers the police to file/register complaints suo moto and investigate cases, which are deemed cognizable by law. This, in essence, would imply proactive government enforcement agencies, which require no prompting to act for the common good.
However, in Nagaland, it would not be wrong to claim that the administrative machinery, including the police, rarely apply the suo moto principle, especially, when it comes to matters of public interest.
A propensity to ignore is evident when the many instances of the authorities turning a blind eye to violations are taken as a yardstick, objectively.
One fitting example is the recent discovery of an allegedly abandoned illicit liquor distillation or bottling plant in Dimapur.
It was the Assam Rifles, a military force, which did a job the police should have done. As required by legal procedure, the case was handed over to the police, but if the palpable silence from the civil administration is any indication, the investigation has not made any headway, almost two weeks since the case came to light.
Another case that reinforces the notion of a ‘fly on the wall’ government machinery is the crisis arising from the hiking of price of construction grade sand at source in Manja, Karbi Anglong. It has prompted the traders here to put a halt to import of sand from Manja.
More than a week since the announcement and the subsequent import stoppage, the district administration, let alone the government, has made no effort to intervene.
Allowing market dynamics to determine pricing is one, yet this is a case involving great consumer concern. Further, the allegation of a bid to monopolise the sand business deserves attention.
More than the palpable apathy of the authorities, the silence of the public and the civil society organizations, who take pride in playing the role watchdogs, leaves much to be desired.
The writer is a Principal Correspondent at The Morung Express. Comments can be sent to imkongwalls@gmail.com
