Says confusion among state authorities has led to the cabinet approaching PM for exemption from Part IX-A
Dimapur, Feb. 8: The Nagaland Bar Association (NBA) has once again stated that the media briefing on January 24 last at Dimapur was conducted in group discussion when the media persons approached the NBA office.
The NBA issued a press release on Wednesday stating it was constrained to respond to ‘continuing attacks challenging the integrity of the Bar and the professional rights of the legal fraternity.’ The views expressed that day were neither a press statement issued by Tali Ao, NBA president, nor by the NBA, it stated.
“The NBA cannot bluntly shun away from the approach of the print media persons and such verbal briefing to the pressmen cannot be taken to have assumed any authority of law. As such, the question of formulating a decision on interpretation of any constitutional legal provision does not arise.”
The NBA dismissed as ‘absolutely false’ the statement made by Yitachu ‘under the colour of his government authority’ that practising lawyers cannot interpret the law. “In fact, by profession, the lawyers are interpreters of the law including the Constitutional provisions. The only binding force of interpretation is the decision of the competent courts of law in the case of ambiguity of law or disputed questions on interpretation of law.” It stated that “the press statement of Mr Yitachu is a serious challenge and highly detrimental to the legal fraternity. Mr Yitachu, howsoever high he may be under the colour of the Government authority, cannot exercise despotic authority over the legal fraternity.
“He should know that the appointment of additional advocate general is outside the Constitutional provision and his assumption to the contrary is a fallacy which may rightly to be attributed to the present social commotion in the State.”
The NBA stated that Yitachu should withdraw his press statement ‘to the extent it encroaches against the rights of the citizens and the lawyers, and also must tender unconditional apology to the legal fraternity.’
On the allegation by Kakheto Sema, senior advocate and senior additional advocate general, Nagaland that a few members of the Bar resorted to publishing their individual opinion in the collective name of the NBA, it pointed out that the executive body of the NBA headed by its office bearers has already clarified the matter in the print media by issuing appropriate rejoinder.
“...we express deep regret for his prompt rush to the print media questioning the integrity and solidarity of the NBA. This situation would have been avoided had he approached the Bar before rushing to the press in as much as we have so much regard in him as an associate member of the NBA till date.”
It also stated that the chief minister ‘appears to have acted on wrong assumption of law in as much as the NBA has never claimed that the view verbally tendered to the print media has any Constitutional and legal binding.’ “No doubt, that he may consider the opinion tendered by the advocate general, however, his rebuttal of the correctness of the NBA briefing published in some of the local dailies appears to be absolutely erroneous in as much as we have never assumed the authority of law.”
It also stated that the state authorities were acting in confusion leading to the cabinet approaching the prime minister for exemption of Nagaland from Part IX-A of the Constitution. “Needless to reiterate that the present state of Nagaland enjoys enormous autonomy in local self-government including urban local bodies right since we were under the Sixth Schedule.
“Becoming a full-fledged state does not in any way diminish the autonomy enjoyed by the state including the ULBs. Barely looking at the Seventh Schedule, List II, Item 5, is sufficient enough for the state Legislature to legislate for the ULBs,” it stated.
In other words, we may reiterate that Nagaland requires a municipal law befitting to the social and economic conditions of the people of Nagaland and the powers to enact such law is squarely within the parameters of the powers of the state government, the NBA stated.
