Setting up of Directorate of Prosecution, separation of judiciary from executive
SHILLONG: The High Court of Meghalaya has expressed its unhappiness over the delay in setting up of the Directorate of Prosecution and the separation of judiciary from the executive in the State. Chief Justice Dinesh Maheshwari in his order said that it remains totally uncertain as to when the Directorate of Prosecution would become functional.
“As far as the matter related to separation of judiciary is concerned, mere reference of identification of one private house at Khliehriat, East Jaintia Hills, making provision for two court rooms and two quarters cannot be said to be serious and concrete efforts for ensuring the requisite infrastructure and of attending to other related aspects,” the High Court said.
The Court said that as the Governor of Meghalaya has constituted a Committee to look after all the aspects concerning infrastructure, the Court expects the Committee to appreciate the urgency of the matter of separation of judiciary and to take all the requisite steps on priority basis. Justice Maheshwari said that in this matter, the Court is yet to pass any mandatory order for compliance by the Government while expecting of the Government to take all the requisite steps and while giving the Government enough time to streamline all the processes and to ensure positive progress.
He, however, said that when nothing of satisfactory progress is forthcoming, it may become necessary for the Court to pass mandatory orders for compliance.
The Court before passing any other order in this matter, has extended another opportunity to all the concerned to take all the requisite measures in priority.
Earlier, the Court was not happy with the contents of the affidavit filed on behalf of the Government in compliance of the order of May 19 saying the affidavit was in too general terms and it was difficult to make out as to what concrete measures had been taken by the Government for streamlining the prosecution and for adequate dealing of under trial prisoners. The Court also termed the affidavit filed by the Joint Secretary to the Government of Meghalaya, Law department as too vague. The affidavit of the State Government said that the draft Directorate of Prosecution Services Rules, 2016 has been finalized and is in process of submission in the next Cabinet meeting.
Once after the Cabinet approves, the post will be advertised through MPSC or on deputation as per rule.
The affidavit further said that one private house at Khliehriat, East Jaintia Hills has been identified, two court rooms and two quarters can be made available for starting the separation of Judiciary from Executive in Khliehriat.