The Secretary,
To the Government of Nagaland
Department of Justice & Law
Nagaland: Kohima
We, the undersigned for and on behalf of the Nagaland Bar Association would like to state the following facts and circumstances in connection with the above stated subject to take steps on top priority basis:
1. That at the very outset we are constrained to point out herein the fact that the Government of Nagaland had officially issued Notification as early as 1998 and thereby Judiciary have been separated from Executive. But unfortunately, separations have been done only on paper in as much as the Administrative Officers’ in the State of Nagaland are still exercising both Judicial and Executive Powers and Functions. The reason of this mess or confusion is because of the fact that the “Rules for Administration of Justice and Police, 1937” has fully authorized the Administrative Officers to exercise Judicial Powers apart from their Executive Powers. As such unless the above said Rules is amended and divested the Judicial Powers from the Executive the Separation of Judiciary from Executive has got no meaning in the real sense of the term. Therefore, it is absolutely imperative on the part of the Government to take immediate steps for amendment of the “Rules for Administration of Justice and police, 1937” and being amended by the Third Amendment Act of 1984 at the earliest so as to materialize the separation of Judiciary from Executive in letter and in spirit.
2. That secondly, we further bring it to your kind notice that till date the Judicial Officers’ posted to all the District within the State is looked down, embarrassed and humiliated by the District Head of the Executive Officers’ and the reason behind this fact is that the ACR’s of the Judicial Officers’ posted in various District are written by the respective Deputy Commissioner(s) and thereby the Executive Officers’ are always under the impression that the Judicial Officers’ are inferior to Executive Officers’ and the logical conclusion ih1such a situation is futile so much so that the nature of duty of the Judicial Officers’ is not fully understood by the Executive Officers’. But at the same time the ACR’s of the Judicial
Officers are allowed to be written by the Executive Officers’ which, is absolutely contrary to the normal procedure in as much as the ACR’s of a Judicial Officers’ can be properly assessed and written only by a Judicial Officer who has gained sufficient experience in the same nature of service as Judicial Officer. Thus as for instance the ACR of ADC (J) is suppose to be written by the concern portfolio Judge of the hon ‘ble High Court but because of non implementation of the separation of Judiciary from the Executive the Judicial Officers in the rank of ADC (J) are still under the control of the State and thereby their ACR’s are written by the Deputy Commissioner(s) who does not know fully the nature of the job and the performance of such Judicial Officers’. Therefore, it is high time that such out dated practice should be corrected at the earliest so that our Judicial Officers would not be discouraged and humiliated or embarrassed anymore in future.
3. That apart from the above mentioned embarrassment, humiliation, the sub-ordinate Judicial Officers’ in Nagaland are stagnated because of non-implementation of separation of Judiciary from Executive. The fact is, if the sub-ordinate Judicial Officers’ are placed under the direct control, supervision and superintendence of the High COurt, the efficiency or performance of such sub-ordinate Judicial Officer in Nagaland will be within the knowledge of the High Court and as and when vacancy arises for sub-ordinate Court quota for elevation to the High Court Judge their case would be considered for elevation as a High Court Judge. But due to non¬implementation of separation of Judiciary from Executive, the Nagaland sub-ordinate Judicial Officers’ are still under the State Government control and, thereby there is no scope for promotion/elevation to the High Court Judge. As such from every aspect of the matter there is a lot of disadvantage not only to the sub-0rdinate Judicial Officers’ but from the point of development of Administration of Justice system in the State so long as separation -of Judiciary from the Executive is not implemented in letter and in spirit.
In the light of the facts and circumstances highlighted above we do hereby sincerely and strongly urge your esteemed authority to expedite the implementation of separation of Judiciary from Executive by amending the Rules for Administration of Justice and police Nagaland Third Amendment Act of 1984 and implement the separation of Judiciary from Executive latest by the end of current financial year i.e. 2005-2006 or else’ the Nagaland Bar Association would be compelled to seek the indulgence of competent Court for redressal.
E.Y.Renthungo, President
N.Y. Temjen, Gen. Secy.
Nagaland Bar Association
Dimapur, Nagaland
