“The Year 2024 –VERSUS– The Three Major Lacunas”

“Article 3 of the Constitution of India empowers for formation of new States. It is the source of the State of Nagaland Act, 1962 which was enacted on 4th of September, 1962 giving effect to the embryo of the State of Nagaland as the 16th State in the Union of India on 1st of December, 1963.”

Nagaland is 60 years old. However, it is a matter of great concern that despite such maturity, a lot still remains due. An ideal State is one where the three pillars viz., Legislative, Executive and Judiciary are established and functioning at its pinnacle. Unfortunately, such is not the case for Nagaland.

Evidently, inter-alia, the three most integral requirements at hand in Nagaland are  Nagaland High Court (ii) Directorate of Prosecution and (iii) Public Law College.

Nagaland High Court

Since statehood, Nagaland has been operational under the jurisdiction of the Gauhati High Court with the inauguration of the Circuit Bench at Kohima on 1.12.1972. To further the cause, on 10.2.1990, a Permanent Bench (Kohima Bench) was inaugurated by the then Chief Justice of India, Hon’ble Mr. Justice Subyasachi Mukherji. It is astoundingly humbling and gratifying to acknowledge the fact that Nagaland has produced numerous brilliant legal minds and legal personnel ascending to the extent of being the Judge of the Supreme Court of India (Hon’ble Mr. Justice H.K. Sema). Article 214 of the Constitution of India provides for a High Court for each State. Therefore, further procrastination would only violate the constitutional right of the citizens of Nagaland to have a separate High Court. Nagaland as a State was, is and shall be incomplete without its separate High Court.

Directorate of Prosecution

Participation of prosecutions in the administration of justice delivery system is crucial, if not indispensible. And with the surge of crimes in varieties, societies are facing tremendous challenges and obstacles thereby making the role of a prosecutor more important.

The dedication and efforts of the prosecution officers in our State to dispense justice is admiring and applaudable. But, unfortunately, the present arrangements in prosecution are not equipped with the necessary system and infrastructure to effectively and efficiently tackle, if not annihilate, the issues. Despite the best efforts, the instant structure of prosecution is not only bound to collapse but also leave trails for further abuse.

Section 20(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 erstwhile Section 25A of the Code of Criminal Procedure, 1973, which provides for the establishment of a Directorate of Prosecution in the State and every District is highly recommended for a prosperous litigation and judicature. The commendable services of the Prosecution and likes can be enhanced to a greater height by the establishment of the aforesaid Directorate of Prosecutions. Therefore, like many States under the Union of India, Nagaland should too accept, adopt and establish Directorate of Prosecutions in the State and Districts.