Separate High Court; retransfer of Justice Jamir
Nagaland Bar Association (NBA) has reiterated the need for a separate High Court for Nagaland and also requested re-transfer of Justice L.S. Jamir from Manipur High Court back to Gauhati High Court Kohima Bench, in representations addressed to union minister of law and justice Kiren Rijiju, while in separate representation, urged upon Nagaland chief minister Neiphiu Rio for re-transfer of Mr.Justice L.S.Jamir from Manipur High Court to Gauhati High Court, Kohima Bench.
NBA in a representation by its president A.Zhimomi and secretary S.Keyho pointed out to union law and justice minister Kiren Rijiju, that since attaining statehood on December 1,1963 Nagaland has been sharing the same High Court(Gauhati High Court) with Assam. Subsequently new states in the region also shared the same High Court(GHC) with Nagaland and Assam.
The newly created states – Manipur, Tripura and Meghalaya- have now been granted separate High Courts, while Nagaland is still sharing the same High Court with Assam, said NBA.
Reiterating that India is a diverse nation and similarly north east is also a diverse region, NBA said diversity and unity can co-exist only if all shared mutual advantage. NBA said it has been experienced that in the judicial field, Nagaland is at a disadvantage because it continues to be placed under the same Gauhati High Court. NBA maintained, that 59 years after statehood is more than befitting for Nagaland to have its own separate High Court. Maintaining that for functioning of judiciary in India, it was essential to have personages knowledgeable about their own states in the Bench, NBA said such positions must progress to senior levels especially in the context of a common High Court for multiple states.
In this regard, NBA mentioned that two from Nagaland have been elevated to the Bench but that Mr.Justice L.S.Jamir was transferred to Manipur High Court while Mr.Justice Kakheto Sema is the sole judge from the state at the Kohima Bench.
NBA said Justice Jamir is the “knowledgeable about the affairs of the state of Nagaland as well as other states under the jurisdiction of the High Court” adding, said Justice Jamir is a person whose honesty and integrity were beyond question.
Further, NBA informed that at its executive committee meeting on April 7,2022, the association adopted a resolution to request the government of India, ministry of law and justice, to “grant a separate high court for the state of Nagaland” and also a resolution to request the law and justice ministty to “transfer Mr.Justice L.S.Jamir back to the Gauhati High Court” and requested Rijiju for his kind consideration and intervention.
PLEA TO RIO
In the representation to the chief minister , NBA pointed out that 59 years after attaining statehood on December 3,1963 , Nagaland is still placed under Gauhati High Court along with Assam.
NBA said the judiciary in Nagaland has been handicapped since it has to depend on crutches of Gauhati High Court. Further, NBA said as the second oldest state without a separate High Court has placed Nagaland in an embarrassing situation.
On the other hand, NBA said states that came into existence much after Nagaland, such as Manipur,Tripura and Meghalaya, have been granted separate High Courts, while Nagaland was on its 50th year of having a judiciary in 1972 through the Gauhati High Court. “The existence of the judiciary in the state, as a Bench, is an embarrassment to our own making”, stated NBA.
NBA acknowledged the chief minister’s “generous contribution during its golden jubilee celebration in 2019 and assurances for setting up a High Court for the state .
While stating the celebration of golden jubilee was a matter of pride for NBA, yet despite 50 years, still with Kohima Bench of the Gauhati High Court was “not an achievement” adding it was a “shame and disappointment”.
NBA acknowledged that there are factors that have contributed to the delay in setting up of the proposed High Court in Nagaland and therefore urged upon the chief minister to impress upon the union government to ensure that the state gets its own High Court without delay. NBA assured of its full support and cooperation with the chief minister in this endeavour.