Saturday, April 20, 2024
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New HC: Manpower shortage may delay

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Separation of executive from judiciary yet to be completed

By Our Reporter

 SHILLONG: The Centre has approved creation of a separate High Court for Meghalaya. However, there is a question mark over the State’s preparedness to have its own High Court.

Chaired by Prime Minister Manmohan Singh, the Cabinet had approved the proposal to amend the North-Eastern Areas (Reorganisation) Act, 1971, for the establishment of separate high courts in the three states including Meghalaya.

The Centre is expected to get the amendment to the act passed in the current winter session of Parliament.

But the State government is yet to complete the process of separation of executive from judiciary, which is a prerequisite to have a separate High Court.

The first phase of the separation of the judiciary from the executive in the State was done in East Khasi Hills district only. Six more districts are left.

On the top of it more staff would be required as and when the High Court comes into being.

On how a separate high court would further the cause of justice, sources on Monday said, “Depending on the number of judges, a separate high court would help in quick disposal of cases.”

But the State is yet to take a concrete shape in this regard as vacancies for the posts of judicial magistrates are yet to be filled.

So far the Government has only appointed the District and Session Judge B Giri. The Government is yet to appoint the Judicial Officers required to completing this separation.

Sources on Monday said the State Government would have to fasten this appointment process if it wants to have the High Court by the first part of next year.

Official sources, meanwhile, informed that the Government had already recommended the name of former District and Session Judge SR Sen for the post of judge to the Union Law Ministry and Supreme Court.

“Initially the Chief Justice and the judges would have to be brought from other states,” sources said.

A senior High Court advocate VK Jindal said, “Honestly speaking the State is not fully prepared to have a separate High Court”.

“Definitely to have a separate High Court is a great thing for the State,” Jindal said while appealing the Government to speed up the process of separation of the executive from judiciary throughout the State.

While expressing concern over delay in appointment of judicial officers, the advocate said the appointment of B Giri was not enough “since she has several other responsibilities.”Former Additional Advocate General WHD Syngkon said, “The State Government does not have much time to meet the necessary requirements for having a separate High Court.

He was of the view that the State has several experienced people to become High Court judges.Meanwhile, Deputy Chief Minister in charge of Law department Bindo M Lanong said the separation of executive and judiciary was being carried out in a phased manner.The State Government would take all possible steps to see the separation process was completed at the earliest, he said. He said that the State has a plenty of qualified senior lawyers to become the judges of the High Court.

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