DIMAPUR, NOVEMBER 28 (MExN): The Nagaland Tribes Council (NTC), in a representation addressed to the Nagaland Chief Secretary, has highlighted some important issues considered by the Guahati High Court, Kohima Bench on the impugned resolution of June 8, 2016, which pertains to the establishment and functioning of the State Vigilance Commission.
The Court, on November 22, 2016 had quashed and set aside the impugned resolution issued by the office of Chief Secretary with a directive to re-open any inquiry/investigation affected by the above resolution after members of the NTC filed a PIL on this.
According to NTC, at para 16 of the Judgment and Order, the Court noted the jurisdiction and powers of SVC (the resolution dated 9/4/1976) is to enquire into the complaints of corruption, misconduct, and lack of integrity or other kinds of malpractices or misdemeanors on the part of public servants including members of All India Services.
However, the Court observed that the impugned resolution dated 8/6/2016 at Clause-I had scaled down the term of public servant to only the employees of the State Government appointed under Article 309 of the Constitution of India and the employees of public corporation/statutory bodies and undertakings of the State. This, the Court said, clearly indicates that any malpractices or misappropriation or corruption made by the employees of Central Government, political executive and those abetting such offences are all kept outside the purview of the SVC.
It added that the resolution of 8/6/2016 is an indication that it has been passed with an “ulterior motive to protect certain class of persons from the purview of the SVC.” The Court therefore opined that such action on the part of the respondents is not permissible in law.
The Court also sought to make it clear that the functions of the SVC cannot be curtailed or curbed by an “executive decision.” This was observed after considering the resolutions dated 8/6/2016 and the memorandum for the Cabinet dated 9/5/2016 submitted by the State respondent.
“From the materials available on record it is seen that the memorandum for the cabinet dated 9/5/2016 preceded no further inasmuch as there was no cabinet decision on the said memorandum. The learned Sr. Addl. AG has failed to produce any documents or materials to indicate that the cabinet had considered the said memorandum dated 9/5/2016.”
To this, the Court pointed out that the impugned resolution dated 8/6/2016 appears to have been issued by the Chief Secretary only by way of an “executive decision.”
It therefore observed, “To curtail or curb the functions of the SVC on the basis of an executive decision is not tenable in law and the executive cannot be allowed to tinker with the provisions of any statute passed by the Parliament.”
Also examining the Clause 2 & Clause 3 of the impugned resolution of 8/6/2016, the Court summed up that the clauses indicated that the SVC will be subjected to political and bureaucratic control and influence.
“Such restrictions upon the SVC clearly indicate that there will be no confidentiality and that investigating agency will be subjected to political and bureaucratic control and influence because ascertaining from the Chief Secretary prior to commencing of preliminary enquiry as to whether there is parallel investigation and further providing information to the Chief Secretary in a sealed cover from the time of commencement of investigation into the complaint would involve leaks and disclosure at every stage.”
A general reading of the resolution dated 8/6/2016 also makes it clear that “the Chief Secretary would decide whether or not the SVC should even start an enquiry or investigation against the corrupt officers,” it also pointed out.
While highlighting the above-mentioned issues, the NTC have urged the Chief Secretary to take steps at the earliest to restore it back the SVC to its original status in line with the Judgment and Order of the Gauhati High Court, Kohima Bench.
SVC judgment a landmark in fight against corruption: ACAUT Against Corruption and Unabated Taxation (ACAUT) Nagaland has termed the recent judgment of the High Court, Kohima on the State Vigilance Commission (SVC) case as a significant landmark in the fight against corruption.
Media Cell, ACAUT in a press statement lauded the NTC for filing a PIL against the memorandum of the State Government that had “virtually castrated” the powers of the SVC and said the judgment in restoring the legal powers and jurisdiction of the SVC, including suo moto powers, is in essence a “victory for the people of Nagaland in the fight against corrupt establishments.”
Also, the HC direction that the SVC should re-open all investigations affected prior to June 8, 2016, should make the government realise that the khushi-khushi days are long gone, ACAUT said.
