Sunday, November 24, 2024
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‘Executive magistrates have no authority to take up judicial matters’

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By Our Reporter

SHILLONG: The separation of the judiciary from the executive which was recently initiated only in East Khasi Hills has striped off the executive magistrates of the authority to take up any judicial matter or even sign affidavits, Law Minister Bindo Mathew Lanong said.

“This procedure started in EKH recently and as per this procedure, no executive magistrate can take up judicial matters”, Lanong informed.

Speaking to The Shillong Times here on Wednesday, Law Minister said nobody has the authority to take up judicial matters but the same has to pass to the court of the district judge and subsequently handled by 1st class judicial officials.

Meanwhile, replying to a query on the distinction made between this district and other districts of the state, Lanong said “Other districts do not have judicial officials due to infrastructural constraints to set up a court” adding that even judicial matters in other districts are being taken up by executive magistrates.

Recently, it has been learnt that the Extra Assistant Commissioners (EACs) in East Khasi Hills districts are not authorised to sign in affidavits unlike other EACs in other districts of the State are ranked equal to that of an Additional Deputy Magistrate (ADM).

“This is because they are executive magistrates and don’t have the authority to take up judicial matters”, Lanong replied.

However, it was learnt from sources that despite the implementation of the new procedure till date the ADMs in EKH who are said to be executive magistrates are authorised to sign in the affidavit which is totally opposite to the said procedure highlighted by the Law Minister above.

Meanwhile, commenting on the distinction between the EACs in East Khasi Hills and other districts of the State, the official sources said “The problem lies within the DC’s office itself and not the Law department.”

Meghalaya Civil Services officers who spoke against the discrimination said “It’s unfair to us. I don’t understand why is there a difference between East Khasi Hills and other districts of the State”.

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