Meghalaya CJ unveils plaque to mark separation of the judiciary from the executive in Khliehriat

Syllad | The Rising MeghalayaAugust 12, 2020

Chief Justice, High Court of Meghalaya, Justice Biswanath Somadder on Wednesday unveiled the plaque to mark the separation of the Judiciary from the Executive and inauguration of the court of the District and Sessions Judge, Khliehriat in East Jaintia Hills.

The function was held in the presence of Judges, High Court of Meghalaya, Justice HS Thangkhiew and  Justice W Diengdoh, Law Minister, James PK Sangma and Social Welfare Minister, Kyrmen Shylla at a programme held at the Parking Lot, old Deputy Commissioner’s Office, Khliehriat.

During his address on the occasion, the Chief Justice, High Court of Meghalaya, Justice Biswanath Somadder said that the judiciary is separated from the executive in order to make justice more accessible to the people while also stating that the judiciary is an institution which steps in whenever there is a dispute particularly concerning interpretation of the law laid down by either the parliament or the state legislature.

On the occasion, the Chief Justice also spoke of the relationship between the executive, legislature and the judiciary and stated that there is a need for separation of these three institutions so that none of them can cause havoc to the people in a democratic setup and to avoid conflict of interest as they each have their own functions and roles while also adding that the three must work in tandem in order to maintain a delicate balance. “Article 50 of the Indian Constitution mandates that we must have this separation of the judiciary from the executive”, he said, further adding that the segregation of the executive from the judiciary will bring about access to justice and will benefit the people of the District.

The Chief Justice also took the occasion to thank the State Government for the support as the District has now reached a milestone whereby people can get access to justice with the segregation that allows only Judicial Officers to take up those matters of dispute which were earlier taken up by the officers of the executive, that is, the District Administration.  He informed that the District Legal Services Authority will now step in and reach out to the block level to find out whether the people are getting access to justice and more importantly, access to quality justice. He also called upon the headmen and the people of the District to render full cooperation to the State Legal Services Authority or the District Legal Service Authority whose task is to ensure that each person residing within the District gets access to this set up without any hindrance.

Law Minister, James PK Sangma, in his speech stated that the day is a red letter day for the people of District and the State as a whole even as he congratulated all those involved in making the event a success. He also informed that East Jaintia Hills District is the ninth District in the state where the judiciary has been separated from the executive and also stated that the objective of the separation is to bring justice closer to the people.

On the occasion, the Minister expressed his sense of appreciation and gratitude to the Deputy Commissioner and the officers for having given their best in the delivery of justice in the past, in spite of being burdened with various other responsibilities.  He also said that the importance of the District level Judiciary in the justice delivery system cannot be emphasized enough as it is in the district level that the vast majority of cases are heard and decided, while further adding that the District Court is the forum where the litigating public first and foremost interacts with the judicial system. “The perception of the judiciary in the eyes of the ordinary citizens is shaped by the working of the District Judiciary and perhaps that is the point from where the faith in the delivery of justice begins”, said the Minister while also stating that an effective, efficient and modern system for justice administration at the district level is the pillar of judicial legitimacy and is essential for sustaining people’s faith in the legal system.

Speaking on the status of cases in the District, the Minister said that there are many pending cases, yet, with the court of the District and Session Judge, Chief Judicial Magistrate and Judicial Magistrate now being put in place, the scenario of disposal of cases is expected to come down and with the establishment of these courts in the District it will help in promoting the justice delivery system.

During the programme, Commissioner and Secretary, Law Department, Shri. W. Khyllep read out the notification for separation of the Judiciary from the Executive in the District.

 Others who also spoke during the programme include Kyrmen Shylla, Social Welfare Minister, FM Dopth, Deputy Commissioner, East Jaintia Hills District and R War, Advocate, Khliehriat.

During the function, the Judicial Officers of the District also introduced themselves to the gathering.

Among others present on the occasion were MLAs and MDCs of the District,  G. Rani, District and Sessions Judge, East Jaintia Hills, other Judicial Officers, Deepak Kumar Palecha, Superintendent of Police, East Jaintia Hills District, District Heads, Headmen and Daloi.