Court ‘inconclusive’ on Acaut, PASN’s PIL on backdoor appointments

Our Correspondent Kohima, July 26 (EMN): The much awaited final hearing on the long drawn battle of the Public Interest Litigation (PIL) filed by Against Corruption and Unabated Taxation (Acaut) and Public Service Aspirants of Nagaland (PSAN) in the Gauhati High Court, Kohima Bench against backdoor appointments in 35 departments was held today that the verdict is still ‘inconclusive’. The court proceeding on this case before ‘Hon’ble’ Justice Michael Zothankhuma, which is said to have lasted for about four hours turned inconclusive with the judge stating to give his observation. But no timeframe has been given. The lawyers representing the government was said to have argued and asked for dismissal of the petition on the grounds that PSAN and Acaut is not the aggrieved party. Talking to media persons after the court hearing here this evening at Hotel Ura, PSAN covenor Ngukato Tsuipu said the court hearing was inconclusive and that it will wait for the order to come out from the court and will contemplate on the next course of action. While acknowledging it’s representing Advocate, Zhekheli and her juniors for standing by Acaut and PSAN in their fight against backdoor appointments, Tsuipu said that they have been been encouraged by the lawyer who stood against their strong opponent and shown to the people on ‘what it takes to be a Naga woman.’ “She has shown the power of a woman and courage that Naga women possess who stood for the cause of people of Nagaland. She took up the challenge and stood firm that she will not back off against backdoor appointment and corruption in the state” added Tsuipu. Asserting that they are not fighting for themselves or for their own selfish motives, but for the cause of justice, Tsuipu said its primary objective is that all the people of the state should get equal opportunity in the matter of entry into the government services through open competitive exams. Towards this end, he reiterated that Acaut and PSAN has taken a strong decision that it will not back off in its fight against backdoor appointment and corruption in the state of Nagaland. What was started in the last 2-3 years, he said the journey has been tremendous and encouraging. Although, he was not very optimistic about a ‘favourable judgment’ as witnessed in the court proceedings today, without losing hope, he said even if the verdict of the court do not come in its favour, it will continue fight against backdoor appointments and corruption as a whole. He lamented that the future of the state looks very bleak if people do not rise up against the corrupt system that is going in the state and removed it. On the government argument that the petition be dismissed as PSAN and Acaut is not the aggrieved party, another member of PSAN clarified that the petitioners were all aspirants and it has evidence in the form of admit cards and other document, to prove that they are the aggrieved party. “It is not right for the government or the concerned authority to simply wash away the matter with the mere excuse of technical reason” he added. However, regardless of the outcome, he also reiterated that it will take up further course of action in whatever best possible way, within the ambit of the law of the land. “The battle is far from over and this may be the beginning to take the battle to the higher ground and hope that this battle will come to a positive conclusion one day or the other,” he added optimistically. Also appreciating it advocate and her team, core member of Acaut, Tia Longchar said, “We were up against the best lawyers in the state (government lawyers included) and Zhekheli has stood for our cause courageously. In spite of so many lawyers we have, it is people like her who does it for a cause and not only for money. We need more people like her if we ought to bring change in Nagaland, the much needed change, which we always talked about.” Since its inception, Longchar said Acaut and PSAN have taken the bull by the horns to fight against backdoor appointments and corruption, and that they are determined and relentless in its pursuit. He expressed hope about the positive outcome of the outcome and the recommendations that the court will ultimate pronounce. While lamenting that for too long, ‘the corrupt state of affairs in Nagaland has persisted and ingrained in the system where anyone or the other had taken advantage’, Longchar remarked, “We indulge in the government and the government indulges in us at their whims and fancies.” Asserting that someone has to stop this vicious cycle for once and for all, Longchar said PSAN and Acaut are determined to see that this vicious cycle that is eating up the vitals of the people of the state is checked. He was also hopeful that the court will pronounce its judgement taking into account the hundreds and thousands of young people whose faith in the judiciary will be determined – a judiciary that will deliver justice or a judiciary that will the people down. “We believe the court will be judicious, magnanimous and impartial in its judgement” he added. It may be mentioned that the Acaut and PSAN in the PIL has pleaded the Court to ‘quash and set aside the appointment of 51 backdoor appointees appointed against NPSC posts; and since the appointments were made after the HC, Kohima Bench, had banned backdoor appointments- 6th June 2016 judgment, to treat such appointments as contempt of court.’ The PIL also seeks quashing of the Office Memorandums 4/8/2008 and 11/8/2016 which confers powers upon the government to regularize all backdoor appointments after 3 years of service which is in total contravention of the SC judgment as passed in Umadevi Case, 2006 and to terminate the services of all 655 backdoor appointments made against NPSC posts, i.e. appointed between the Umadevi judgment of 2006 and Gauhati HC order, Kohima, dated 6/6/16.” Acaut and PSAN has also sought for the requisition all the 705 (655+51) posts to the NPSC for general recruitment through open competitive examination, as well as to submit the detailed status report of the 705 backdoor appointees before the Court. Some of the departments where backdoor appointments have been practiced, as pointed by Acaut and PSAN, are Social Welfare (77 posts), RDD (57 posts), SCERT (74 posts), DG of Police (14 posts), Tourism (10 posts), Geology and Mining (10 posts), PWD (81 posts), Medical (138 posts), Higher & Technical Education (59 posts), Eco. and Statistics (24 posts), Art & Culture (6 posts), Treasuries and Accounts list (8 departments, 36 posts) and AG list (16 department - 70 posts).