The Human Rights Law Network, Nagaland has filed PIL NO. 5 (K)/2014 Dr. Rosemary Dzuvichu –Versus -The State of Nagaland & Ors before the Hon’ble Guahati High Court, Kohima Bench seeking directions from the State Government to establish /re-establish Fast Track courts in the State of Nagaland. In the year 2003, two Fast Track Courts were established at Kohima and Dimapur districts out of 11(eleven) districts in the State of Nagaland to try criminal pending cases, which were functional till 2012. However, to great shock and surprise, vide impugned Office Memorandum NO. CAB-2/ 2008 (PT) dated 18/09/2012 -2/ 2008 (PT) dated 18/09/2012, the Nagaland Cabinet of Ministers decided for “Discontinuance of Fast Track Courts” and in pursuant to it, the Government of Nagaland has discontinued all the Fast Track Courts in the State of Nagaland and consequently, cases pertaining to crime against women were transferred to the Family Court.
The Naga Mother’s Association submitted a representation dated 13.07.13 to the Governor of Nagaland requesting to immediately set up Fast Track Court in all districts of Nagaland as there is alarming rise of crimes against women and children in the State. Further, the NMA also submitted a representation dated 19.07.13 to the Hon’ble Chief Minister, Nagaland for reviewing the September, 2012 Cabinet decision that has revoked/discontinued the functioning of the Fast Track Courts. That vide letter dated 28.05.14, the Under Secretary to the Government of India, Ministry of Law & Justice Department of Justice has wrote to the Secretary, Department of Law/Home Government of Nagaland, Kohima to implement the decisions taken in the Conference of Chief Ministers of the States and Chief Justices of the High Court’s held on 7.04.14 in Vigyan Bhavan , New Delhi taking the following decision:-“Decision No. 3 (c)(a): The State Governments shall, in consultation with the Chief Justices of the respective States, take immediate steps to establish a suitable number of Fast Track Courts relating to offences against women, children, differently-abled persons, senior citizens and marginalized sections of society”.
Decision No. 10: “The State Government will delegate the power to create temporary posts of staff to the High Courts whenever average pendency in a subordinate court increased”.
2. It is requested that the number of Fast Track Courts functional in the State as on 31/3/2014 may be intimated .It is also requested to kindly provide the action taken note in respect of above mentioned decision no.10.” The Registrar, Guahati High Court, Kohima Bench conveyed to the Additional Chief Secretary Department of Justice & Law, Nagaland , Kohima vide letter dated 24.06.14, that the Hon’ble Guahati High Court has considered and rejected the proposal of the Government of Nagaland for declaring the Family Courts as the Special Court for cases pertaining to crime against women.
The crime against women like rape, molestation etc has become a daily routine in Nagaland and several such cases are pending in various Courts and the slow legal system in disposing such cases has made sexual offenders remain unpunished thereby encouraging other likeminded criminals to commit similar offences without hesitation. In the wake of Delhi Gang Rape on 16th December, 2012, the Centre has announced to provide adequate fund for setting up of Fast Track Courts across the country to try such cases viz; rape cases, crimes against women, elderly people and children, so as to ensure justice without delay at affordable cost and the Central Government to overcome the difficulty in bearing the financial load has agreed to bear the majority financial burden which could be upto 90% in case of North Eastern States for setting up of Fast Track Court.
The State Government of Nagaland decision of clubbing up together the Fast Track Courts with Family Courts to try crimes against women is a mockery and against the directives of the Supreme Court and the Central Government.
The petitioner’s prayer before the Hon’ble Guahati High Court is to :- (a) Quash and set aside the impugned Cabinet Office Memorandum dated 18.09.2012 and the Impugned Letter dated 15th May, .2014 for “Discontinuance of Fast Track Courts” in the State of Nagaland. (b) Restore / establish Fast Track Courts in all the districts of Nagaland as per the National Policy adopted by the Central Government. (c) Constitute an enquiry headed by a retired/sitting Judge of the Hon’ble Guahati High Court as to why the State Government has closed down the Fast Track Courts in Kohima and Dimapur districts and transferred the cases of Fast Track Courts to the Family Courts without the permission of the Hon’ble Court in violation of the established legal procedures.
On 26.09.14, the PIL was heard and allowed by the Hon’ble Guahati High Court,Kohima Bench . The matter is fixed on 03.11.4 for the government to file the affidavit-in-opposition.
The Human Rights Law Network(HRLN) , Nagaland continue organizing workshops on legal rights, women and child rights and public hearings, beside giving free legal advice on denial/violations of human rights and taking up litigation for the genuine poor people. Office of the HRLN, Nagaland is located at House No 71, below High School Ground, Kohima. For any queries one may contact Co-ordinator Dr. Rosemary Dzuvichu at 08974248224 and HRLN Advocate Zhevi Swu at 08974933483 or email at hrln.ngl@gmail.com
Zheviholi Swu
Advocate,
Human Rights Law Network, Nagaland
