SHILLONG, JAN 14: The Meghalaya high court on Wednesday directed the Registrar General of the court to register a case against Khasi Hills Autonomous District Council (KHADC) chief executive member Adelbert Nongrum for allegedly making ‘derogatory’, ‘defaming’ and ‘contemptuous’ statement against the judiciary.
“Registrar General, High Court of Meghalaya is directed to register a case under Article-215, 266 of the Indian Constitution r/w Contempt of Court Act, 1971, since I find that the statement of Adelbert Nongrum is derogatory, defaming and contemptuous in nature,” Justice SR Sen said in his order issued on Wednesday.
The court has taken cognizance of the statements made by the KHADC chief executive member (CEM) on December 30, 2014 and January 8 this year against a court order issued by Justice SR Sen on December last year, which came as a big blow to the traditional heads in the state.
Sen in his order also directed the Registrar General to make parties apart from Nongrum, two dailies as respondents and to issue show cause notice as to why contempt proceeding should not be initiated against them for such derogatory, defaming and contemptuous statements and for publishing the same.
The order also said – Let the notice be served through the Deputy Commissioner, East Khasi Hills, Shillong, who is also directed to furnish the service reports within two days by way of affidavit.
“Respondents are directed to be present personally and to file their respective show cause on or before January 27 without fail. No further adjournment will be allowed for the show cause,” the order stated.
Meanwhile, in the order, the Judge also said, “I find that Adelbert Nongrum is trying to lower the image of the judiciary and thrown an open challenge against the judiciary. I could not understand that in the judgment passed in WP (C) No. 363 of 2014 what is reflected therein that, he came to a conclusion that there is a hidden agenda against the indigenous community behind the said ruling.”
“In my opinion, he (Nongrum) is instigating and misleading the people for reasons best known to him. If anyone is not satisfy with any judgment, he has the right to make an appeal but he has no business to challenge the judiciary or to give any kind of derogatory or defamatory statement against any Judge in particular or against institution in general,” Sen said.
Sen in the order further stated – “The author of the judgment passed in WP (C) No. 363 of 2014 had never written any judgment or order with any ‘hidden agenda’. A Judge does not have any caste, religion or language or any personal agenda and he is above all those practices and his only motive is to justice and to ensure that rule of law to prevail and dignity of the Constitution to be upheld.”
“I mentioned that, this court is not against any customs or usages or against any practice unless it is unreasonable. Customs and usages cannot be rigid but it is always flexible and changes with times as per the requirements of the people at large,” Sen said.
Sen also added, “It is also a fact that there was no such practice that headman to issue NOC or to interfere with the work of the District Administration as well as Police Administration. I further made it clear that, no custom or usage can supersede the statutory law and fundamental rights of a person as granted by the Constitution of India. So any practice or usage which is contradictory with the Constitution of India, statute or principle of natural justice, such custom and usage cannot continue. Truth and rule of law prevail and dignity of constitution to be upheld at any cost.”- By Our Reporter
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