Gauhati High Court Kohima Bench on Thursday warned the state government of initiating contempt of court proceedings if the latter failed to give a satisfactory explanation at the next hearing regarding the failure to pass an order with regard to resettlement of displaced members of Sumi community at Seyochung village in Kiphire district despite the court’s directive in this regard five years back.
In an order, Justice Devashis Baruah noted that there was already a direction passed by the court in August 19, 2017 directing chief secretary and home commissioner to pass the order within three months from the date of receipt of the order.
However, as no order had been passed by the government, the court reaffirmed the August 19, 2017 order and ruled vide Nov 28, 2018 order that consequential orders be passed by the chief secretary and home commissioner vis-à-vis one-man committee report within three months from the date of the order.
However, as there had been no compliance to the directive, the instant contempt application was filed. The court asked the counsel for state government, whether the chief secretary and home commissioner had passed the orders vis-à-vis one-man committee report. The counsel submitted that steps had been taken in this regard.
After taking note of the November 28, 2018 order, the court found that the directives were specific and that already more than five years had passed by, though no such orders had been passed to date. Listing the matter again on February 8, 2024 the court ruled that the state government should apprise the court as to why such order had not been passed.
He made it clear that if a satisfactory reply was not submitted on the next date, the court could proceed to take appropriate actions as per the provisions of Contempt of Courts Act, 1971.
