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1996 DIGILAW 135 (GAU)

Inaho Rochill v. State of Nagaland

1996-06-26

H.K.SEMA

body1996
On 11.4.96, this Court directed the Secretary Law to file affidavit clarifying the matter in answer to the averments made in paragraphs 12, 13 and 14 of the petition. Before we advert further, we may at this stage reproduce the averments made in paragraphs 12, 13 and 14 of the petition runs as under : "12. That the judicial officers of the State of Nagaland are frequently summoned and involved in co-ordination meetings with the Army, Police and the Administration. The essence of criminal justice is that all proceedings should be free, fair and impartial but these acts of the subordinate judiciary have ensured that a near police state exists, with the judiciary functioning according to the dictates of the Army and investigating agencies. 13. That the present proceeding shows that the Courts below have become an extension of the security forces, investigative agencies and the prosecution. The law prescribed by procedure is ignored and circumvented and it would be in the interest of justice for suitable direction to the Courts below to uphold the law in letter and spirit and ensure that the rights of citizens are not infringed. 14. That the State of Nagaland is undergoing difficult times and at such a juncture the life and liberty of citizens has been subjected to great threat." 2. Considering seriousness of the allegation made in the aforesaid paragraphs, this Court directed the Law Secretary, Government of Nagaland to file affidavit clarifying the allegations made in the aforesaid paragraphs. Accordingly, counter on behalf of the State has been filed by the Secretary to the Government of Nagaland, Department of Justice and Law. In paragraph 3 of the counter, the allegations made in paragraph 12 that the Judicial Officers of the State are being summoned and involved in the Security Co-ordination Meeting with the Army. Police and the Administration has been denied. The allegations made in paragraph 13 of the application as referred to above has also been denied in paragraph 4 of the counter. 3. I have heard Mr. A. Zhimomi, learned counsel for the petitioner as well as Mr. EY Renthungo, learned Junior Government Advocate for the respondents. 4. Police and the Administration has been denied. The allegations made in paragraph 13 of the application as referred to above has also been denied in paragraph 4 of the counter. 3. I have heard Mr. A. Zhimomi, learned counsel for the petitioner as well as Mr. EY Renthungo, learned Junior Government Advocate for the respondents. 4. At the time of hearing of this petition, learned counsel for the petitioner produced a copy of the circular dated, Dimapur, the 7th October, 1995 issued by the Additional Deputy Commissioner (Administration), Dimapur, circulating the notice for Security Co-ordination Meeting to be held on 13.10.95 at 11 AM in the office of the Superintendent of Police, Dimapur, copy of the circular has been endorsed to Additional Deputy Commissioner (J) Dimapur, Judicial Magistrates, Dimapur, besides other functionaries of the administration including the para military forces and the armies of different units stationed in and around Dimapur. Counsel for the petitioner also produced a copy of the circular dated 5.1.94 issued by the Superintendent of Police (City) Dimapur, stating the points raised by Additional Deputy Commissioner (J) Dimapur, in Security Co­ordination Meeting with regard to the grant of bail on the ground of deficiency of evidence adduced by the prosecution against the accused. 5. The aforesaid two circulars as referred to above makes it abundantly clear that although no specific instructions have been issued from the concerned authority for involvement of the Judicial Officers in the State of Nagaland in Security Co-ordination Meeting, in practice the Judicial Officers are being summoned by the District Administrative Officer and having participating in Security Co-ordination Meeting along with the Army, Police and Executive Officers. If such practice is allowed to be continued, it would defeat the mandate of the Constitution. It would also not only undermine the independence of the judiciary guaranteed by the Constitution, but also amounts to interference in the administration of justice. One should not forget the checks and balances system guaranteed by the Constitution by creating three separate organs of the Government, namely; judiciary, executive and the legislature. One organ should not encroach upon the field meant for the other organ. One should not forget the checks and balances system guaranteed by the Constitution by creating three separate organs of the Government, namely; judiciary, executive and the legislature. One organ should not encroach upon the field meant for the other organ. If the services of the-Judicial Officers are sought to be utilised in the manner it has been done in this part of the country, it would function at the dictates of the executive, and ultimately would lose its independence thereby rendering the mandate of the Constitution nugatory. 6. The fact that the judiciary in Nagaland is not separated from the executive and they are under the administrative control of the executive is no ground for them to function under the dictates of the executive. In otherwords by reason of being under the administrative control of the executive, they do not ceased to perform the duties of Judicial Officers. As long as they are appointed to f Delusively discharge the duties and functions of Judicial Officers, notwithstanding they are under the administrative control of the executive, they function independently as the duties of Judicial Officer is a distinct class of itself separate from the executive. 7. Having said about the independence of judiciary, now let me remind the subordinate Judicial Officers the sacred duties casted upon them while performing the judicial duties. I am tempted to quote the observations of the Apex Court in paragraphs 57 and 58 of its judgment in AH India Judges Association vs. Union of India & others, AIR 1992 SC 165 , runs : "57. It is time we mention about society's expectation from the Judicial Officers. A Judge ought to be wise enough to know that he is fallible and, therefore, ever ready to learn and be courageous enough to acknowledge his errors. 58. The conduct of every Judicial Officer should be above reproach. He should be conscientious, studious, thorough, courteous, patient, punctual, just, impartial, fearless of public clamor, regardless of public praise, and indifferent to private, political or partisan influences; he should administer justice according to law, and deal with his appointment as a public trust; he should not allow other affairs or his private interests to interfere with the prompt and proper performance of his judicial duties, not should he administer the office for the purpose of advancing his personal ambitions or increasing his popularity." 8. For the reasons aforestated, this petition is disposed with a direction to all the Judicial Officers in the State of Nagaland not to participate in any Security Co-ordination Meeting along with Army, Police and Executive Officers. 9. Registry is directed to furnish copy of this order to Law Department who shall circulate the order to all the Deputy Commissioners of the districts and Additional Deputy Commissioners of the Sub Divisions, and all the Judicial Officers in the State of Nagaland for strict compliance. This order is passed to ensure the independence of the judiciary and for securing the ends of justice. 10. Before parting with the records, it may not be out of place to mention that it is high time the judiciary is separated from the executive in the State of Nagaland so as to thwart the apprehension of the litigant that the Judicial Officers are being used as an instrumentalities of the executives.