October 22, 2016

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Vol XXVI No. 315

Art 243T vis-à-vis Art 371A

DIMAPUR saturday, october 22, 2016

Wuzu inquiry Commission:

Nov 11 set for CABINET SIDESTEPS SEPT 22, 2012 RESOLUTION ON WOMEN QUOTA submission of Staff Reporter that Article 371A stated that: the state legislature under Rule (1) Notwithstanding anything 221-A(1) appointed a Select list of witnesses Dimapur, Oct 21 (NPN): A legal interpretation, that unless the state cabinet first resolves the September 22,2012 Nagaland Legislative Assembly resolution which exempt Part IX-A of Article 243(T) on 33% women reservation in civic polls from applicability; holding civic polls cannot be enforced, as it would be going against the spirit of Article 371(A) as enshrined in the Constitution of Indian. This interpretation made by former Additional Advocate General Nagaland, Pius Lotha has virtually thrown a legal spanner in the works of state chief minister T.R. Zeliang and his cabinet on holding civic polls with 33% women reservation under Part IX-A of Article 243(T). In a press communiqué Pius maintained that first, the September 22, 2012 resolution of the Nagaland Legislative Assembly has to be resolved by the Assembly itself in order to nullify the amended Act before the decks are cleared for calling for elections to civic bodies with 33% women reservation. However, it was also noted that Article 371(A) that is enshrined in the constitution of India protects Nagaland from any Act passed by Parliament unless the Nagaland Legislative Assembly adopts a resolution to the effect. In his communiqué Pius reminded

Racial violence against NE people: SC grants time to govt NEW DELHI, OCT 21 (PTI): The Centre today got a week’s time from Supreme Court to inform it about the proposal to set up a nodal agency to coordinate on the issue of hate crimes and racial violence, especially against the people of North East living in other states. When the matter came up for hearing before a bench headed by Chief Justice T S Thakur, Additional Solicitor General Maninder Singh said “I will take instructions from Ministry of Home and inform about the issue of nodal agency.” The bench, also comprising Justices D.Y. Chandrachud and L. Nageswara Rao, accepted the plea of the law officer and posted the matter for hearing on October 28. The court on October 18 had expressed displeasure over the steps taken to address the issues of northeastern people, many of whom have fallen victims to hate crimes and racial violence in the past. SC had stressed that there should be a nodal agency to address the issues of Northeastern people and such an agency, at the time of need, could be asked to implement measures and coordinate with various departments. The bench had said the Bezbaruah committee, set up by the Home Ministry on February 5, 2014 after several incidents of hate crimes, had made several immediate and short term measures along with long term measures and all this should not remain only on paper.

This is it!

“He does not want toys he only wants mobile phones to play with. Intelligence is very expensive.” K Y M C

in this constitution; (a) No Act of Parliament in respect of (i) religious or social practices of Nagas (ii) Naga customary law and procedures (iii) administration of civil and criminal justice involving decisions according to Naga customary law and (iv) ownership and transfer of land and its resources, shall apply to the state of Nagaland, unless the Legislative Assembly of Nagaland by a resolution so decides. Based on the above Act, various rights and privileges provided therein were propounded, he said. He pointed out that the Nagaland Legislative Assembly had passed the Nagaland Municipal Act 2001 (Act. No.10 of 2001) which came into effect after the Governor’s assent on September 26,2001 and published in the Gazette Extraordinary dated October 18, 2001. In 2006 the Act was amended to effect Part IX-A of Article 243T on 33% women reservation. However, with approaching civic body elections there were several tribal groups who objected to applicability of 33% women reservation under Article 243T by submitting several representations to the government, he said. Amidst the high voltage tussle between opposing groups, Pius pointed out that

Committee to revisit the 33% women reservation and based on the report submitted by it, the Nagaland Legislative Assembly adopted a resolution on September 22,2012 to exempt Part IX-A of the constitution of India pertaining to 33% women reservation in municipal and town councils which effectively nullified the Act of 2001. Meanwhile, it may be mentioned that the Naga Mothers Association (NMA) had demanded holding of civic polls due in the state with implementation of 33% women reservation. Representative of NMA filed a Special Leave Petition (SLP) against the July 31, 2012 judgement of the Division Bench of the Gauhati High Court . The Supreme Court on April 5,2016 granted the appeal and also stayed the application of the impugned order of the Division Bench Gauhati High court. The case has yet to be concluded since final hearing has also not been held. At the heart of the matter remains the legal validity and sanctity of Article 371A, which has been reaffirmed on several occasions by the Nagaland Legislative Assembly. The Article 371A also involves the stakeholders who are- the entire Naga tribes of Nagaland, the stewardship of the elected representatives and the state government.

DIMAPUR, OCT 21 (NPN): Following the public notice seeking ‘written statements’, secretary to the one-man ‘Wuzu Firing Incident Inquiry Commission’ headed by Veprasa Nyekha, retired district & sessions judge, has informed that the commission has received 34 written statements till date. In a notification, secretary to the commission, K. Naben informed that since: “No individual(s), organizations(s), public authority has sought further time for filing written statements. Hence, the stage for filing written statements remains closed.” Naben further informed that those persons(s)/authorities who have filed written statements shall be at liberty to cross-examine the witness/ witnesses who have filed written statements. In this regard, the Inquiry Commission has invited person(s)/authorities to give the list of witness/witnesses to whom they would want to cross-examine. The Commission has asked the concerned person(s) to submit the list of witness/ witnesses for cross examination by 11 a.m. on November 11, 2016 at its office located at Circuit House, Dimapur. (See Advt on p-7)

Pages 12 ` 4.00

First e-payment facility in state for electricity bills launched Staff Reporter

DIMAPUR, OCT 21 (NPN): In a major relief to consumers who have had to wait for long hours in queues to pay their electricity bills, Power minister, C. Kipili Sangtam on Friday officially launched the online payment or e-payment facility of electricity bill here at Electrical office Complex, Full Nagarjan, Dimapur. With just a few clicks, consumers can now pay their electricity bills sitting at home by logging on to www. dopn.gov.in. It may be noted that Power department has become the first utility department in the state to provide online payment facility for services rendered. Initially, the e-payment facility would be available for consumers under SDO I and SDO III at Dimapur and further extended to SDO II Dimapur, Chumukedima and Kohima by end of 2016 and rest of the towns by 2017. As the department prepares to implement the central government RAPDRP, Part-A (IT) Project in nine towns, the pilot project would first be implemented in Dimapur. Speaking at the launching programme, Kipili remarked that launching of the facility was a very important milestone achieved by the Power department. While admitting the department’s shortcomings in providing stable power sup-

Kipili Sangtam launching the online payment facility. (NP) ply and consumer services, Kipili maintained the department alone cannot be squarely blamed as it was plagued with shortage of fund and manpower. He lamented that citizens fail to understand that the department is a commercial department vested with supply of power and realise revenue-revenue that can be spend on infrastructure development, consumer services, and power purchase. “Are we honestly paying our electricity bill?” the minister questioned and urged upon citizens to ponder over how much they were contributing towards the wealth/resources of the state for development. Expressing astonishment over the 68 percent AT&C loss in electricity revenue during 2015-16, Kipili said the state was almost catering free elec-

tricity. Terming it as a moral issue, the minister said the main factor responsible for revenue loss was due to power theft and non-payment of bills. Kipili expressed hope that the facility would not only ease consumers for payment of bills, but would also impact the department’s commercial operations/performance and revenue collection. Kipili also informed that very soon customers will have access to Customer Service Centre (CCC) centrally located at Dimapur for lodging their grievances and service related queries online. He further congratulated the officers and staff of Dimapur electrical division, CERMS, TCS Ltd, and Bill Desk for working tirelessly towards launching of online payment facility. (Cont’d on p-7)

NNC/GDRN (NA) reacts DIMAPUR, OCT 21 (NPN): In a sharp reaction to GDRN/ NNC (Non-Accord) claim that its Naga army shot “impeached president” Kiumukam, the NNC/GDRN (NA) MIP on Friday said it wanted to know what impeachment “Kumchi and Hangping gang are talking about”. Instead, MIP reminded GDRN/NNC (Non-Accord) that impeachment meant formal accusation of wrongdoing against public official. “Do you think egging false allegation, then going off track, attempting assassination, creating another cover-up story is formal accusation”, MIP said. If further, asked GDRN/ NNC (NA) not to try to terrorize the Nagas, who are yearning for a peaceful solution. It claimed that NNC/GDRN (NA) ‘tatar hoho’ also failed to understand the word impeachment used by “Kumchi and Hangping gang”. Whatever it was, MIP said that it would not have impact on NNC/GDRN (NA) but will remain intact and keep moving ahead with its objectives. MIP contented that, “Toivi Sumi attempt to assassinate president Kiumkum in collaboration with few rogue elements will not be overlooked”. However, in defense of NNC/GDRN (NA), the MIP warned of retaliation in whatever possible means. Further, MIP said that will be the final decision of the Naga army as the gang were “still braving out with false propaganda” after they failed in the assassination attempt.

Rio’s degree row: Court defers hearing to November 11 NPCC says Uniform Civil Code

Rio along with his lawyers and supporters walk towards the court in Kohima on Friday. (NP)

Correspondent

Kohima, Oct 21 (NPN): Accompanied by hundreds of people, many waving banners and placards, who turned up in a show of solidarity, former chief minister and present

Lok Sabha MP Neiphiu Rio marched to the Court of Judicial Magistrate First Class as summoned, to make his statement in the case filed against his election affidavit on his educational qualification 2014 by Dr. Rosemary Dzuvichu on

February 11, 2016. The case against was heard in the Court of Chief Judicial Magistrate First Class (CJMFC) Tucuno Vamuzo after it was shifted from the court of CJMFC Mezivolu T. Therieh on an appeal by

Rio’s counsel. The counsel for the complainant appealed for time of two weeks on the plea that they had sought the High Court’s intervention in the transferring of the case. Considering their appeal, the lower court deferred the hearing to November 11. Speaking to media persons outside the Court, Rio Advocate B.K. Mahajan said the case against Rio politically motivated and a vendetta by his opponents. On his part, Rio denied any wrongdoing since Kohima College had apologized for having erroneously issued duplicate BA (Honours in Political Science) certificate instead of BA. Rio maintained that even on his election nominations in 2013 and 2014 he had never mentioned that he passed BA with honours. Asked why he had not informed college authorities to correct the mistake after getting the certificate, Rio said “As the Chief Minister of the State I had been busy and did not see that I had been issued with BA (Honors) certificate.” Admit-

ting that the error in filing affidavit was committed 2014 Lok Sabha election,Rio explained that “since the documents were already there, my people must have seen the papers and recorded as it was found”. “I had never mentioned that I am BA (Honors) but recorded as BA from Kohima College Kohima under North East Hills University in any of the profiles in State Assembly (Who is Who) and even in the Lok Sabha,” he said. Rio said he appeared before the Court in person Friday, to dispel misgivings and prove his innocence to allegations made against him on the educational qualification issue. When asked if it was a “political war” between him and incumbent chief minister T.R. Zeliang, Rio replied “I have no political war with anybody but if they have it with me that I don’t know”. The MP, who arrived at the court with his advocates, was welcomed by hundreds of his supporters holding placards that read: “Rio is the only answer, Truth will prevail”.

not applicable in Nagaland

DIMAPUR, OCT 21 (NPN): Nagaland Pradesh Congress Committee (NPCC) executive committee has stated that the Uniform Civil Code (UCC) was not applicable and acceptable in Nagaland. In a press release, NPCC working president, P.Ayang Aonok, said the executive committee meeting held on October 21, 2016, examined and deliberated on the questionnaires put forward by Law Commission of India on the comprehensive exercise of the revision and reform of family laws. The Law commission has stated that the objective behind this endeavour was to address discrimination against vulnerable groups and harmonise the various cultural practises. Further, the commission has invited suggestions on all possible models and templates of a Common Civil Code. Nagaland Pradesh Congress Committee executive

meeting resolved that Nagaland was part of the Union of India with special provision under Article 371A of India Constitution, which states “Notwithstanding anything in this Constitution,— (a) no Act of Parliament in respect of— (i) religious or social practices of the Nagas, (ii) Naga customary law and procedure, (iii) administration of civil and criminal justice involving decisions according to Naga customary law, (iv) ownership and transfer of land and its resources, shall apply to the State of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides”. Nagaland Pradesh Congress Committee asserted that any violation in the provision by government of India in respect of Nagaland would mean breach of agreement that Government of India and Nagaland has arrived under the Article 371A.

Nicky launches ‘Energy Efficient Nagaland’ CMO Nagaland reacts to Ibobi’s statement DIMAPUR, OCT 21 (NPN): Nagaland minister of Forest, Environment & Climate Change, Dr. Neikiesalie Nicky Kire, on Friday launched the “Energy Efficient Nagaland”, under Unnat Jyoti by Affordable LEDs for All (UJALA) scheme at DC’s Conference Hall, Kohima. UJALA scheme, energy efficient fans and tube lights programmes are being implemented by Energy Efficient Service Limited (EESL), a JV under the administration of Central Ministry of Power. According to an official bulletin, in Nagaland, EESL plans to distribute over 25 lakh LED bulbs, 1.5 lakh energy efficient fans and 2.5 lakh tube lights to people on upfront payment. Launching the programme as chief guest, Dr. Nicky switched on the LED bulbs and fans in the Conference Hall of DC Kohima expressed confident that by switching on the LED bulb and fan, it would save the energy in near future. He congratulated the district administration and the EESL Company for having

Dr. Nicky speaking at the launching of Energy Efficient Nagaland.

initiated such a programme and expressed confidence that better outcome would prevail in future. On the occasion, the minister appealed to all the officers from different districts to initiate the programme and move forward in their respective districts to ensure that the whole state was covered with this programme. Urging every household to take this programme seriously, Dr. Nicky further appealed to all the representatives to go back and introduce

it in all the house, wards, colonies and villages so everyone get benefitted. Further, he added that it would not only reduce the electricity bills but would also help reduce climate change. “Very often we keep blaming the power department without giving them what they fully required,” said Dr. Nicky and added that the power department required heavier transformers as the existing transformers were quite old to take the load. “Not only the Power

Dept but if each department is given its requirements, each department will make a lot of improvements in its respective area” he added. In his keynote address, the deputy commissioner (DC) Kohima, Rovilatuo Mor, said the district administration has taken up the initiative to tackle with the problem of wide gap between high demand and short supply of power. He said the grim scenario of power status in Kohima district was that the installed capacity was 24 MVA with 132/33KV (maximum), the demand for power was 26 MV with an increase of 2MV/ every year. DC said with the festive season approaching, it was expected to cross 30MV, which he warned would only invite more frequent loadshedding. He said that the district has taken up the initiative in direct liaise with the EESL for procurement/distribution and installation of highly subsidized LED bulbs/tubes/fans throughout the district. (Cont’d on p-7)

DIMAPUR, OCT 21 (NPN): Reacting to the statements made by Manipur chief minister, O. Ibobi against Nagaland chief minister T.R. Zeliang during his visit to Senapati, Chief Minister’s Office media cell clarified that Zeliang had “spoken about the need for the Nagas of Manipur to be united to protect their birth right over their land, customs, culture and tradition”. Zeliang, at no point mentioned about territorial integration or disintegration, which Ibobi seems to have assumed, CMO added. However, CMO avoided any reaction to Manipur BJP spokesperson, O. Joy’s statement accusing Zeliang of “instigating disintegration not only Manipur but also unity of India” O Joy had also demanded Manipur government to take up legal action against T.R. Zeliang. CMO said Zeliang had only expressed his opinion that the August 3, 2015 Framework Agreement seemed to be a Preamble, and not the final agreement, which was indicative of the intention of both the

negotiating parties to settle the issue amicably without use of force or violence. Zeliang had also specifically stated that he believed the final agreement would be finalised after having wide-ranging consultations with the stake-holders. CMO, however said Ibobi seemed to have more than jumped the gun and had gone ahead to perceive apparitions where there were none. CMO alleged that “Ibobi had already segregated the communities of Manipur, injected the politically-major valley voters with venom, and on the eve of every election, unfailingly raise the issue of integrity of his State just to gain political mileage”. Accusing Ibobi that he had already emotionally disintegrated the State into pieces, CMO said he (Ibobi) had once again shown how he had retained power all these years. CMO said Ibobi has had the habit of making wild speculations against the tribals of Manipur, especially Nagas, to ensure that the people of the Valley, comprising of various communities and ethnic

groups, are kept on tenterhooks before the elections and come together to vote for him. “It would appear that his only political agenda for the people is to go against the Nagas and tribals just to fetch the votes of the varied communities of the Valley and hang on to power,” CMO stated. Wondering why Ibobi was so vehement against Zeliang’s visit to Manipur, CMO reminded that Zeliang had never mentioned anything about disintegration of Manipur, but merely asked the Southern Nagas to stand united and fight for their birth right over traditional holdings of land and customary systems. Rather than construing it as anti-Manipur, CMO opined that Ibobi should take it as a positive suggestion to ensure justice in the land. “And it is much better than taking the lives of scores of tribals protesting against Bills which were infamously dubbed “antitribal Bills” by none other than the communities of his own State,” CMO said. (Cont’d on p-7) K Y M C


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October 22, 2016 by Nagaland Post - Issuu