Dimapur, July 18 : The Nagaland Tribes Council (NTC) has placed an ultimatum to the Nagaland government to restore the legal powers of the state’s anti-corruption agency, the State Vigilance Commission, within a two-week time.
A representation addressed to the chief secretary of Nagaland by the NTC questioned the motives of the government in shaving the vigilance of its powers.
In a shocking revelation that was contained in the NTC’s document, it has come to light that the government had shorn the commission of legal authority, on June 8, 2016.
The organization has made clear of its expectations that the government would rectify ‘the anomalies’ or else, the organization would be forced to “take the issue to the next level.”
“It has come to the notice of the NTC that the state government has decimated the lawful authority of Nagaland State Vigilance Commission by its recent resolution vide No.PER/VIG/2/2/2016 Dated, Kohima, the 8th June 2016,” the organization stated.
By a resolution dated the 9th of April, 1976 the State Vigilance Commission was established in line with the Union Home Ministry’s establishment of the Central Vigilance Commission based on the recommendation of the acceptance of the Sri K Santhanam Committee on Prevention of Corruption (1962).
Subsequently, the government of Nagaland declared the establishment of the directorate of Vigilance as police station; the director of Vigilance was conferred the authority over it in 1976. On the 21st of August, 1999, the Nagaland government ‘streamlined the power of inquiry and the jurisdiction of State Vigilance Commission with specific reference to Indian Penal Code Rules.’ The state also empowered the Tribunal for Disciplinary Proceedings in the State Vigilance Commission as a special judge within its jurisdiction.
“By the aforementioned notifications, the legal status and the jurisdiction of the Nagaland State Vigilance Commission had been shaped and equipped with the legal paraphernalia to act as watchdog and checkmate corruption in the state of Nagaland,” the NTC reminded.
“The recent resolution adopted by state Govt. vide No. PER/VIG/2/2/2016 dated, Kohima the 8th June, 2016 more provisions were supposed to be added to the existing provisions as per opening sentence ‘to lay down the following additional provisions to the Resolution No. CON-58/75 dated, Kohima, the 9th April, 1976.’”
“Whereas, the concluding sentence of the same resolution in question reads ‘this resolution modifies to the above extent all previous resolution and notifications concerning the State Vigilance Commission”. The last sentence is a complete contradiction to the opening sentence. Over and above, all the previous resolutions and notifications concerning the State Vigilance Commission stand modified.”
The NTC stated further that clause-1 of the 8th June, 2016 resolution confined the jurisdiction of the State Vigilance Commission to merely the employees of the state government and employees of the public corporations, statutory bodies and undertakings of the state.
“Whereas, not only Govt. employees but any private individual or group of private individuals can cause offence against the interest of the state. Whereas, the amended provision keeps the private individual or private firm immune from the purview of Vigilance Commission. This amendment is a defeat of the purpose for which the Nagaland State Vigilance Commission is step up,” the organization stated.
Likewise, the NTC stated, clause-2 of the 8th June, 2016 resolution modified the power of inquiry of the Commission to the extent of removing the power of suo-moto.
The organization analyzed the resolution further and implied to have found questionable loopholes (given verbatim):
“The 8th June, 2016 Resolution though not specifically referred to, has indeed emasculated the clauses 2 and 5 of the first Resolutions of 9th April, 1976 which provides that the State Vigilance Commission ‘will not be subordinate to any Deptt. and will have the same measure of independence and autonomy as the State Public Service Commission’.”
The clause 3 of the 8th June, 2016 resolutions has made the Chief Secretary, Govt. of Nagaland, to have the overriding authority over the Commission arbitrarily. Such dilution of the powers of the Commission will definitely hamper the efficiency of the investigative authority.”
In the light of above, the NTC observes that the Resolution No. PER/VIG/2/2/2016 dated, Kohima, the 8th June, 2016 has subjectively divested the legal powers of the only investigative establishment that is Nagaland State Vigilance Commission. By this resolution, the Commission has now become a mere showpiece.”
If the commission is to be reduced to a paper tiger as this, it is as good as winding up the commission because there is no necessity to have such commission without legal investigative powers.”
“The 8th June, 2016 Resolution is found to be detrimental to the interest of the general public as there should always be an authority acting as a deterrent to corrupt activities in the state,” the NTC has reminded the government.
“The NTC therefore urges upon the Govt. of Nagaland to restore the legal powers to the State Vigilance Commission by revoking the erroneous resolution without delay. Having submitted this representation in the interest of the public and keeping in view of the urgent need of restoring adequate powers and jurisdictions to the anti corruption bureau, the NTC expects the Govt. to rectify the anomalies committed in the resolution in question within two weeks time. In the event of the Govt. remaining insensitive to the demand tabled, the NTC will be compelled to take the issue to the next level.”
