Sunday, December 15, 2024
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KHADC to knock SC door

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SHILLONG: While the state government has decided to carry out an in-depth study of the High Court ruling on headmen on Wednesday, the KHADC has decided to approach the Supreme Court against the order of the Division Bench asking the state government to frame legislation to define the powers of the headmen.
In response to the judgment, a senior government official said that an in-depth study will be carried out by the state government in the context of legal and constitutional ramifications before deciding future course of action.
“All aspects of the judgment will be studied thoroughly keeping in mind the overall interests of the people of the State. As law makers, it is also the duty of the government to ensure that the rights of all its citizens are well protected,” said the official.
However, KHADC chief  P N Syiem said in his reaction, ” As long as the district council exists, it has been the objective of the Council to frame rules to empower headmen, and we will challenge the order of the High Court in the apex court”.
Though the High Court had asked the state government to frame a Bill on empowerment of headmen, the earlier move in this regard by the state government was opposed by the traditional heads, KHADC and JHADC.
There was protest from several quarters  against any Bill to be brought forward by the state government.
Moreover, an ordinance to empower headmen brought by the state government   was also rejected by the traditional heads.
Case pending : Meanwhile, two petitioners, Lber Laloo and Pynskhemborlang K. Sawian, who had challenged the order of the single Bench in this regard, while welcoming the judgment of the Division Bench of the High Court, however, expressed their disappointment over the same as it allowed the State Government “to intrude into the jurisdiction of district council”.
“We feel that part of the order may not be correct and we will raise the same in the next date of hearing as our case is still pending before the Supreme Court”, the statement issued by the duo said.
Earlier, after  the petitioners had challenged the interim order passed by the High Court, the Apex Court  directed  the High Court to dispose of the case with in four weeks’ time and to place the final order and judgment before it thereafter.
“The law is clear on administration of tribal areas and tribal bodies, and it is the subject matter of district council as per the sixth schedule to the constitution of India”, the petitioners said.

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