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State Govt defends AG Nagaland


Accuses CPN of making baseless allegations

Dimapur, April 30: The Government of Nagaland has defended the Advocate General of Nagaland while also accusing the Concerned People of Nagaland of making “unsubstantiated and baseless allegations” with regard to the order passed by Supreme Court in the contempt petition in writ petition (C) No. 310 of 1996 on the matter of appointment of the Director General of Police, Nagaland.
The contempt petition was filed alleging willful disobedience of the SC order passed on 22nd September, 2006 in writ petition (C) No. 310 of 1996 (Prakash Singh and Others vs Union of India and Others) by which empanelment by the Union Public Service Commission was required to be obtained before appointment of the DGP in a State. The allegation was that the matter was not referred to the UPSC and the appointment of the incumbent was made in violation of the SC’s order.
Affidavit filed by Nagaland Chief Secretary in the Supreme Court stated that in Nagaland there are only a handful of IPS officers and large number of posts in the said cadre are vacant. It said there was no IPS officer in the Nagaland cadre who had completed 30 years of service, hence the appointment was made from outside the cadre and, therefore, the matter was not referred to the UPSC.
The SC in its order dated April 12 last said if that was the case, the State ought to have taken the Court into confidence before resorting to the impugned action. “However, having regard to the grounds on which the directions of this Court have been departed from, we are of the view that no case of wilful disobedience of the Court is made out. The State Government should take note of above observation and would either comply with the direction or move an application before this Court.”
With that observation, the SC had dismissed the contempt petition.
Informing this in a press release, State Chief Secretary, Temjen Toy said accordingly the State Advocate General informed the Government of the Court’s orders and that it had been given liberty to either approach UPSC or approach the Court.
“This matter was also discussed by the learned AG with the undersigned and the Government is in the process of taking appropriate steps. Therefore, the allegations made against the learned Advocate General are unfortunate,” the release said.
On the alleged complaint made to the Bar Council of India against the AG that “this assumption leads us to the conclusion that the AG has somehow managed to get to the judges on this matter,” and the claim that “inter alia that one of the assumptions could be that the AG Nagaland has been able to compromise the judiciary,” the CS observed that making such baseless, unsubstantiated and malicious allegations in the press that the judiciary has been compromised is a “clear attack” on the independence of the judiciary even when the contempt petition has been dismissed by the Chief Justice of India.
The Advocate General has not suppressed any facts but has ably presented the matter before the Court which led to the dismissal of the Contempt Petition,” the release added. (Page News Service)