Separation of judiciary from executive in Nagaland

Kohima, Dec 12 (UNI) The separation of judiciary from the executive in Nagaland will be implemented in a phased manner starting from Dimapur Municipal area and gradually covering the entire state within a reasonable time frame.

This assurance was given by Nagaland Chief Minister Neiphiu Rio to Chief Justice of Gauhati High Court Justice B Sudershan Reddy in a meeting held on Sunday at his official residence in Guwahati.

The meeting was held in compliance with the directive of the Supreme Court.

Official sources said in the meeting, Mr Rio, while reaffirming the decision of the Nagaland Government to implement the separation, also highlighted the need for protecting the functioning of Naga Customary Courts in terms of the safeguards provided under Article 371(A) of the Constitution under which Nagaland got statehood in 1963.

He pointed out there is some apprehension in the minds of the general public that separation of the judiciary from the executive might infringe on the rights and jurisdiction of the customary practices and usages, which he himself felt, in many ways are simpler, speedier and more equitable or acceptable ways of delivering justice.

On his part, Justice Reddy emphasised and assured that the separation of the judiciary from the executive will not result in the infringement of the jurisdictions and rights of the Naga Customary Courts by the High Court or the Subordinate Courts functioning under it. He said all the Customary Courts would continue to discharge their normal functions unhindered as it is now.

The state government had already notified on July 27, 1999, the separation of the executive from the judiciary and a formal inauguration function to mark the same was held at Kohima on the same date, with both Governor of Nagaland and the Chief Justice of the Gauhati High Court attending the occasion. Justice Reddy was of the view that no fresh decision on the part of the State Government is required on the issue.

He said it is only a matter of expediting the process of implementing the separation of the executive and the judiciary in the state, which is becoming a matter of urgency in view of the Supreme Court's latest directive, sources said.

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