Dimapur, August 23 : Nagaland Tribes Council said that the PIL which it had filed on August 20 came up before the Justice L. S. Jamir of Gauhati High Court on August 22 challenging the validity of the Government resolution (No. No.PER/VIG/2/2/2016 Dated, Kohima, the 8th June, 2016).
The NTC said, the Court after hearing the motion had listed the next hearing on September 26 and assured to make an attempt to dispose off the matter on the next returnable date.
In the event, the council said, the PIL is not disposed off on the next returnable date, liberty is granted to the petitioners to renew their prayer for interim and accordingly issued notice to the respondents.
The NTC had submitted its representation to the State Government on July 18 but till the time of filing of this PIL, the state had failed to give any positive reply and therefore, the present PIL aimed to seek judicial review. The case is represented by Sr. Advocate Taka Masa Ao, Advocate Arenlong and Advocate Khrievono.
The petitioners included Theja Therieh, Chairman, Media Cell & Convenor, Committee on SVC, Nagaland for Nagaland Tribes Council; Zhovehu Lohe, Advisor, NTC and Member, Committee on SVC, Nagaland Tribes Council; Er. Talituba Sanglir, President, Kohima Ao Senden and Member, Committee on SVC, Nagaland Tribes Council.
“The Government of Nagaland, by a resolution dated 09/04/76, has set up the State Vigilance Commission (SVC), and which provides its jurisdictions and powers. By Notification dated 15/06/76, the Directorate of Vigilance, is declared as a Police Station and by another notification dated 09/12/76, the Director of Vigilance and Anti Corruption, is declared as the Officer-in-charge of the said Police Station. The notification dated 21/08/99, have provided the sections of law to be investigated by the SVC. The SVC, have power to investigate under the Code of Criminal Procedure, in the said jurisdiction.”
The NTC however said, the impugned Resolution dated 08/06/16, issued by the Chief Secretary, the Political Executives and All India Services and others were kept outside the purview of the SVC.
“The Suo Moto power of the SVC, to investigate cognizable offences has been withdrawn. It has further made mandatory for the SVC to ascertain from the Chief Secretary, whether parallel investigations into similar offences are not being carried out by other investigation agencies, and to submit sealed covered information to the Chief Secretary, from the time of investigation.”
The council maintained that the resolution (dated 08/06/16) is therefore, totally illegal, arbitrary and without jurisdiction.
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 NTC said.
“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 this, the NTC observed that the resolution (No. PER/VIG/2/2/2016 dated, Kohima, the 8th June, 2016) has blatantly and subjectively divested the legal powers and jurisdiction of the only investigative establishment of the State.
