Controversy over re-designation of court officials after separation of the Executive and the Judiciary in Nagaland, addressed by the High Court had led to the Court telling the state government in no uncertain terms not to meddle in its functioning.
P.K Saikia, registrar general, Gauhati High Court, Gauhati in an official letter dated May 20, addressed to the chief secretary Nagaland, refused to accept the state government notification No. LAW/JE/15/2010 dated 07/07/2010 whereby the state government re-designated four additional district & session Judges to that of district & session Judges.
In his letter, Saikia stated that the creation of the posts by the state government was done without consultation with the High Court, “as such, the Hon’ble High Court does not accept the re-designation”.
Moreover, the letter also reminded that transfer and posting of four additional and district sessions judges, was the function of the High Court. It stated that by issuing notification on re-designation of the above judicial officers, the state government had clearly exceeded its jurisdiction
Further, the letter also clearly stated the same notification was “ex-facia illegal” and that “the court does not recognize or accept it and cannot give effect to”.
In this regard, the court requested the state government to immediately withdraw the same notification. However, it was learnt that the state government was still to act upon the request of the High Court in withdrawing its notification.
The state government through an official notification dated February 7, 2011 issued by the department of Law and Justice and published in an extraordinary gazette on the same day had notified the re-designation of the additional district & session Judges to that of district & session Judges with immediate effect.
Among the re-designated include Mayang Lima, additional district & session Judge, Kohima, Veprasa Nyekha, additional district & session Judge, Wokha, Lanu Walling, additional district & session Judge, Tuensang and LN Sema, registrar, Guwahati High Court Kohima Bench.