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2013 Supreme(Gau) 573

A.K.GOEL, A.K.GOSWAMI
Registrar General, Gauhati High Court – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff: Mr. D.K. Mishra, Amicus Curiae & Mr. S.S. Dey, Standing Counsel, Gauhati High Court
For Respondents/Defendant: Mr. A.K. Phukan, A.G., Assam, Mr. S. Shyam, Mr. B. Choudhury, Mr. K.N. Balgopal, A.G. Nagaland, Mr. A.K. Sarma, Addl. A.G., Mizoram, Mr. R. Sharma, Mr. A.D. Choudhury, Mr. M.R. Pathak, Asstt. S.G., A.G., Manipur, Mr. A. Dhar, S.C., Social Welfare, Mr. A.M. Buzarbaruah, G.A., A.P., Mr. B.J. Talukdar, G.A., Assam & Mr. T.Ao., G.A., Nagaland

JUDGMENT

A.K. Goel, C.J.

1. This order is in continuation of order dated 20.08.2013 on the issue of separation of Judiciary from the Executive wherever such separation has still not been achieved, in the jurisdiction of this Court, as per the mandate of Article 50 of the Constitution of India, as interpreted by full Bench of this Court in Subhasis Chakraborty v. State of Meghalaya, 2002 (1) GLT 227. In the said judgment this Court noted that in certain areas in the jurisdiction of this Court administration of justice was entrusted to Deputy Commissioners, their Assistants and other village functionaries under Rules applicable for administration of justice. Whatever be the historical reasons for judicial function not being entrusted to the Courts, it was a mandate of the Constitution that "administration of justice be entrusted to judicial officers under the control of the High Court in accordance with the provisions of Criminal Procedure Code and Civil Procedure Code". It was observed that doing so was necessary to preserve the rule of law and for protection of liberty of citizens. The rule of law and independence of judiciary are the basic features of the Constitution. The districts



































































































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