Court comes down heavily on ‘parallel governments’ in State
SHILLONG: The High Court of Meghalaya has said that that no rule of law has empowered headmen to issue NOCs or to interfere with the administration or indulge in removing people from villages as per their whim and will for which the citizens are the worse sufferers.
While passing a judgement on a writ petition filed by Archi Siangshai of Wapung Skur, Lucky Dkhar of Mookhep, Dakahi Dkhar of Mookhep, Wanlang Dkhar of Lumshoh Ksih, Rita Dkhar of Mookhep, Bailang Siangshai of Lumshoh Ksih, Ripaya Siangshai of Mookhep and Sida Siangshai of Mookhep against the State of Meghalaya represented by the Chief Secretary, the Deputy Commissioner, East Jaintia Hills District, Superintendent of Police, East Jaintia Hills District, Officer in Charge Lad Rymbai Police Station, Lukas Shylla, Headman of Pamrakmai, Diwanis Siangshai, Secretary, VDP and U Daikiwbha Rymbai, Secretary Village Dorbar, Pamrakmai, for protection of their fundamental rights.
As per the order, the High Court also warned Lucas Shylla and U Daikiwbha Rymbai not to repeat such activities in the near future. Further, they have also been reminded not to interfere with the law and order for which constitutional machinery as well as statutory machinery is very much available in the State.
“The respondents extent an apology and they are allowed to go with a warning that, in future if they repeat, they will be sent to jail for such illegal activities,” the Court said.
Delivering the judgement, Justice S.R. Sen observed that the original concept of headman of a locality is totally different from what it is at present. He was of the opinion that a headman should be elderly person of a locality with good background, having humane feeling, sense of integrity and who is against all kinds of violence and elected by the people of the locality and obtain Sanat (appointment) from the Syiem.
The Judge also observed that the duty of headman was to look after the welfare only of the locality concerned and at best can place the grievances of the people to the Government, District Administration or to the Police.
A headman of a locality did not derive any right from law, and rule or from the Constitution of India to issue NOC for the purpose of birth/ death or for registration of any document as well as for building permission and obtaining loan, the judge observed.
The judge also noticed that that whenever any person approaches the concerned office for birth/ death certificate, building permission, registration of sale deed or any other document, electric connection, loan etc., they are asked to bring NOC from the local headman which is highly illegal on the part of the District Administration and the Government.
“Very often, it has also been noticed that local headmen interfere with the police work as well as with the District Administration,” Justice Sen said.
Stating that in a State two parallel governments cannot run simultaneously and it is the Government, District Administration and the Police who are established by law to look after the matter in all respect and no assistant should be sought from any headman, he said that headmen should confine themselves for social development of their locality only and not to take the law in their own hands or to interfere with the Administration.
The Judge also directed the Meghalaya Chief Secretary, District Administration and Police to look into the matter seriously and to put an end to all these types of parallel government practices for the smooth functioning of the administration and peace and prosperity of the people and the State.
The Government, District Administration and police are also directed not to indulge or ask people to obtain NOC from the headmen, the Judge ruled.