Kohima Bench of Gauhati HC squashes Govt.’s resolution on SVC

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Kohima, November 26
In a setback to the Nagaland Government, the Gauhati High Court, Kohima Bench has set aside and quashed the
impugned resolution on June 8, 2016 of the State Government that modified all previous resolution and notifications concerning the State
Vigilance Commission (SVC). According to sources today, the court’s decision came on a PIL filed by Nagaland Tribes Council (NTC) challenging the validity of the government resolution on June 8, 2016. The PIL was filed by Theja Therieh, chairman of media cell and convener on SVC of NTC, Zhovehu
Lohe, advisor, NTC and Talituba Sanglir, executive member, of NTC. The senior counsel Taka Masa, appearing for the petitioners, submitted
that the powers of SVC were removed by resolution dated June 8, 2016 and basically turned SVC into a toothless organisation.
The PIL, which sought restoration of legal powers and jurisdiction of the SVC, was heard consecutively for two days on November 21 and 22, 2016 by Justice L S Jamir. On its conclusion, the court pronounced the judgment (oral) by allowing the PIL in favour of NTC.
Earlier this year, NTC in a representation to the chief secretary urged the government to restore the legal powers and jurisdiction of SVC by
revoking the “erroneous” cabinet resolution without delay. However, NTC said the government remained insensitive to the demand, compelling the council to take the issue to the court. While quashing the impugned June 8 resolution, the court further directed to reopen all inquiry and investigation that were affected by the terms of the resolution dated
June 8, 2016.
Meanwhile, following the order, the NTC has expressed hope that the state government would take steps to restore the SVC to its rightful bposition as before.

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