The Against Corruption and Unabated Corruption (ACAUT) has
asked the Nagaland government to initiate police action against the
establishment of the Zunheboto chief medical officer over the concurrent case
of deducting employees’ salary for underground groups.
The organization issued a copy of a press release addressed to the chief secretary of Nagaland, on Friday. The organization has sought an FIR from the government against the chief medical officer and four other employees for flouting the government notification against paying underground groups; instigating an underground faction to threaten the complainants.
‘On July 11, 2016, the ACAUT filed an FIR with the Zunheboto
police station against the CMO for deducting employees’ salary. Accordingly,
the CMO, Dr. Hokishe and four other employees obtained anticipatory bail,’ The
ACAUT stated.
That was when an underground group started harassing the complainant, the organization stated. ‘It is a very serious matter as to how this particular faction should start harassing the complainant when the ACAUT made no mention of any particular faction having served tax notice to the CMO establishment unless of those mentioned employees had a hand in it.’
The ACAUT reminded that criminal threats and intimidation at
the behest of armed elements should attract the strictest penalty under the IPC
and the CrPC.
‘Secondly, any form of taxation including salary deduction is illegal (Indian Penal Code, chapter XII) and as per the Home department’s notification on April 23, 2004 as well as the police headquarters’ circular on June 12, 2015; no taxation in any form is allowed in the state nor government servants are allowed to entertain such deduction notices,’ the ACAUT stated.
The organization has demanded that the Nagaland government do its bit and initiate action. Failure to do so would invite ‘unfortunate turn of events’ for which the state government would be held responsible, the representation added.
Dimapur Bar responds to charge of
travesty
The Dimapur Bar Association has responded to the charge of
the ACAUT that the judiciary in
Nagaland has undermined justice. The association issued a press release on
Friday.
“The members of Dimapur Bar Association have taken strong
exception to the same and are constrained to make a rejoinder for the
consumption of the public and to refrain the entire stakeholders from
publishing such irresponsible, reckless and counterproductive statements in the
near future,” the rejoinder stated.
According to the association, the matter of bail or anticipatory bail has been provided in chapter XXXIII of the Code of Criminal Procedure under Sections 436, 437, 438 and 439; several guidelines are laid down by the Supreme Court of India on such matters in the light of Articles 19, 21 and 22 of the Indian Constitution.
Also, the association stated, the Constitution of India provides for appellate judiciary system wherein any of the party being aggrieved by the decision of the inferior court can always appeal in the superior courts.
“As such, the matters of bail/anticipatory bail are granted or denied by applying judicious mind and taking into consideration of the provisions of the Code of Criminal Procedure vis-a-vis the Constitution of India. Therefore, the objection raised by the ACAUT on the issue of granting bails/anticipatory bails to the fuel adulteration kingpins merely by blaming the system of Judiciary and its functioning without resorting to prescribed parameters of the provisions of law shall amount to interference in the judicial process.”
The association remarked that if the ACAUT presumes that "with the kingpin already out on anticipatory bail, the incident has only reinforced the public opinion that the criminal-justice system in the state is in need of a serious overhaul," then a proposition can be made that the individual or group in concern can ‘press the parliament for amendment of the Code of Criminal Procedure and the Constitution of India.’
To sum up, the group added, “the criminal justice system is applicable to all the citizens of India, irrespective of status as such, the same yardstick applies to all and not exceptional or selective.”
(Al Ngullie, August 4, 2016;eastern Mirror)
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