DIMAPUR, APRIL 4 (MExN): Wishing to put the matter straight on record, the Dimapur Board Association (DBA) today said “separation of judiciary means placing the Sub-ordinate judiciary of the state under the administrative control and superintendence of the High Court as constitutionally mandated, and separation in no way affects the customary laws and the institution entrusted with the responsibility of dispensing justice in accordance with such customary laws.”
Statutory and customary courts are two separate and distinct institutions each functioning within its own sphere independent of each other, DBA vice-president MSU Laskar and executive member Kakheto Sema said in a press note today.
They said the views expressed by Nagaland Village Chiefs (GBs) Federation Advisor TL Angami which appeared as a news item “is founded on a misconceived apprehension that if separation of judiciary is effected in the state the customary laws and its institutions would be violated.” Stating that TL Angami must have expressed such views within his own confines and understanding, the legal representatives said the separation of judiciary would not only ensure proper and effective justice but would also make the justice system more competent and effective.
On the views expressed by the said GB on the imposition of Central Acts such as the Forest Act, Land Act, Taxation Act, etc, in Nagaland, the lawyers said, “On all these subjects the state Legislature has enacted laws which has been amended from time to time to suit the local conditions of the state and not the Central laws and acts as viewed.”
“Moreover as rightly viewed by TL Angami GB, that the uniqueness of Naga Customary laws and the usages are faithfully incorporated under Article 371 A of the constitution, there should be no apprehension that separation of judiciary from executive would affect or violate customary laws and its institutions."
