Shillong
Times: Shilong: Saturday, 13 February 2016.
In a win -win
situation, the Supreme Court on Friday allowed the headmen in Meghalaya to
function as per the customs, usages and traditions, without, however, staying
the High Court of Meghalaya order to frame rules for them even as the apex
court has asked the State government to come out with a balancing mechanism
regarding the role and functions of headmen.
The apex
court has issued notices to all the concerned parties including the State
government after the Special Leave Petition (SLP) filed by the KHADC was taken
up on Friday.
The SLP was
filed by KHADC challenging the January 13 order of the Division Bench of the
High Court of Meghalaya which had asked the State government to frame rules for
the functioning of the traditional heads.
Moreover, the
High Court had also asked the State government to bring headmen under RTI and
anti corruption mechanism and also to follow the election process of headmen
like Assembly and Lok Sabha polls.
The Division
Bench of the High Court was in fact upholding the order of the Single Bench
delivered in December, 2014 in a matter related to harassment of villagers in
East Jaintia Hills for marrying non- tribals.
The Single
Bench had to intervene by stripping of the powers of headmen after the
villagers sought the intervention of the Court after they were ex-communicated
and deprived of their rights to live and stay peacefully with their parental
families.
They were
also subjected to harassments by the Village Dorbar including denial of
essential items under BPL.
Moreover, the
Village Dorbar of Pamrakmai declined to issue residential certificates to the
affected villagers and, as a result, they were not able to get their
accommodation or a regular employment at the place where they were staying
having, shifted after closure of the coal mines.
Supreme Court
lawyer Ranjan Mukherjee who appeared before the Court as the legal
representative of East Jaintia Hills district and the State Chief Secretary,
said over phone from Delhi that the Division Bench of the Supreme Court
comprising Justice Shiva Kirti Singh and R.F. Nariman did not stay the order of
the High Court, but observed that for the present, the headmen will continue to
function as per tradition, culture and usages.
“The Court
also asked the State government to ensure a via-media balancing solution to
address the present situation,” Mukherjee said.
Mukherjee
also conveyed to the Court that the State government will also file a Special
Leave Petition which will be tagged with the present petition of the KHADC.
The KHADC was
represented by counsels Vijay Hasnsaria and Amit Kumar.
The matter
will be taken up again for hearing after six weeks.
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