SHILLONG: Asserting that the State government had no business setting rules for the traditional heads, KHADC Chief Executive Member P.N. Syiem on Sunday said a Special Leave Litigation will be filed before the Supreme Court with regards to the High Court ruling on traditional institutions.
“As of now we are in no hurry to convene a special session but we have to expedite the matter in the Supreme Court,” he said, while reiterating that the government had no duty to make laws for headmen who are empowered by the district council.
Syiem’s reaction comes in the wake of the recent ruling of the High Court of Meghalaya wherein it recommended that the State government should bring in a suitable and comprehensive legislation to settle the controversies connected with the issue once and for all. The Division Bench comprising Chief Justice Uma Nath Singh and Justice T.N.K. Singh said that until a suitable legislation or an Ordinance during the pendency of the Bill, is brought by the State government, the directions passed by the single Bench headed by Justice S.R. Sen on December 10, 2014, will remain in force.
The Court also observed that the traditional institution of headman needs to be brought within the purview of the provisions of the Right to Information Act since this institution acts as a tool of governance at the grassroots level and is also being assigned an important role in implementing various programmes and schemes of the Central government as well as the State.
According to the Court, the State should also include the headman under the definition of ‘Public Servant’ for the purpose of prosecution under the provisions of criminal law, particularly, the Prevention of Corruption Act in the case of allegations of committing any financial irregularities or any other economic offences.
