Seyochung issue: Place all decisions taken by the Govt before Court, HC Kohima Bench directs

Morung Express News
Kohima  | September 18 

The Gauhati high Court Kohima Bench has directed the Additional Advocate General (AG) Nagaland to place before the Court all decisions taken by the Government in regard to matters concerning a dispute in Seyochung village in four weeks. 

Resuming the hearing of a contempt petition over the issue on September 16, the Additional AG Nagaland asked for another four weeks for the State respondents to take a decision on the matter. 

While request was granted, the order from Justice Kakheto Sema, however, stated: “It is made clear that all decisions taken by the Government in regard to the case shall be placed before the Court on the next date fixed.”

Case Background 
As per the Court’s records, the case pertains to “certain dispute” in Seyochung village amongst two tribes i.e. Sumi and Sangtam “relating to claim of customary rights of the original inhabitance of the village and the contesting parties approached this Court by filing writ petitions.”

The Court disposed off the case on the ground that already a One-Man Enquiry Committee was constituted to resolve the issues and report was submitted to the Government. 

“The said enquiry was ordered to ascertain the tribal status of certain persons who were seeking indigenous inhabitants /Scheduled Tribes and Backward Tribes Certificate in Seyochung village,” as per the records. 

Accordingly, on November 28, 2018, the Court disposed off the petitions by directing the Chief Secretary, Nagaland and Home Commissioner, Nagaland to pass appropriate order within a period of three months from date of the order in terms of the report of the One-Man Enquiry.

With the State respondents failing to comply with the order, the contempt petition was filed and first heard on October 31, 2019. 

While the ongoing COVID-19 pandemic has impacted the hearings, substantial proceedings resumed this year.     

One was on April 1, 2022, when the Senior Government Advocate submitted a communication issued by the Home Commissioner, Nagaland on February 17, 2022, reflecting that after the One-Man Enquiry Committee was placed before the State Cabinet, it decided to constitute Cabinet Sub-Committee with an object for “facilitating and making efforts to bring two groups together in the interest of peaceful coexistence.”

On June 16, the State Government  Advocate also produced before the Court a letter dated May 23, written by the Deputy Secretary that some development has already taken place and that the Government is waiting for the reply of Seyochung Village Council (VC) and therefore, prayed for granting some more time.

The Court was further informed on July 21, 2022, that members of the Cabinet Sub-Committee visited Seyochung Village on May 7 and met ‘the representatives of both the parties – the Seyochung VC and displaced Sumi community of the Village separately and a brief report was submitted.’ 

In the report, it transpired that the Seyochung VC assured the Cabinet Sub-Committee members that they would consult the matter with the general public of Seyochung Village and would intimate the Government accordingly, noted the Court’s proceedings. 

It further highlighted that copy of the recommendations and findings were handed over to the Additional Deputy Commissioner, Seyochung in order to enable any of the parties to seek clarification. However, the counsel for the petitioner submitted that a copy was not furnished to the petitioner/counsel till date and asked for a copy.  

The Additional AG also submitted that he has not received any instruction as to whether the Seyochung VC after May 7, has reverted back to the Government.

Accordingly, the Additional AG sought the matter to be posted after two weeks to enable him to obtain a copy of the report of the Cabinet Sub-Committee; the instructions as to whether the Seyochung VC has reverted back to the Government;  and any further steps taken by the Cabinet Sub-Committee subsequent to May 7, 2022.

However, during the next hearing on August 30, the Additional AG asked for the matter to be posted on after two weeks as report of the steps taken by the Cabinet Sub-Committee was being awaited.

With the Additional AG seeking another 4 weeks during the latest hearing on September 16, the Judge made it clear that “all decisions taken by the Government in regard to the case shall be placed before the Court on the next date fixed.”



Support The Morung Express.
Your Contributions Matter
Click Here