IN THE HIGH COURT OF GAUHATI (ITANAGAR BENCH)
Iqbal Ahmed Ansari and B.D. Agarwal, JJ.
Tadik Tabang and Ors.
Vs.
Gumjum Ango and Ors.
Writ Appeal No. 36 (AP) of 2008
Decided On: 17.06.2009
Political Assistants - Role of Political Assistants/Political Interpreters in Kebang proceedings - Assam Frontier Administration of (Justice) Regulation, 1945, Section 5 - Communication dated 22.12.1965 - Order dated 25.2.1992
Fact of the Case:
A group of Political Assistants/Political Interpreters challenged a judgment directing the Deputy Commissioner to adhere to guidelines for their role in Kebang proceedings. The controversy surrounded the extent of their role in the proceedings.
Finding of the Court:
The court found that the role of Political Assistants/Political Interpreters in Kebang proceedings should be limited to assisting village authorities when sought for, as per the guidelines and regulations.
Issues: The main issue was the extent of the role of Political Assistants/Political Interpreters in Kebang proceedings and whether they should have supervisory powers.
Ratio Decidendi: The court interpreted the Assam Frontier Administration of (Justice) Regulation, 1945, Section 5, and the communication dated 22.12.1965 to conclude that the role of Political Assistants/Political Interpreters should be limited to providing assistance when sought for by village authorities.
Final Decision: The writ appeal was dismissed, affirming the view that Political Assistants/Interpreters shall intervene in the Kebang proceedings only when their assistance is sought for by the Village Authorities.
B.D. Agarwal, J.
1. A group of 47 (forty seven) Political Assistants/Political Interpreters have filed this writ appeal assailing the legality of the judgment and order dated 19.06.2008 passed by the learned Single Judge of this Court in WP (C) No. 347 (AP) of 2006.
2. By the impugned judgment and order the learned Single Judge has directed the Deputy Commissioner of the State of Arunachal Pradesh to strictly abide by and adhere to the guidelines issued by the Government of India in its communication dated 22.12.1965 and further instructions issued by the State Government in its order dated 25.2.1992 with regard to the role, powers and duties of Political Assistants/Political Interpreters (in short 'PA/PI') in Kebang proceedings.
3. We have heard Mr. D. Laji, learned Counsel for the Appellants as well as Mr. R. Saikia, learned Counsel for the Respondents. We have also perused the impugned judgment.
4. Upon hearing the learned Counsel for both sides, it appears that the sole controversy surrounds to the extent of the role of Political Assistants/Political Interpreters in the Kebang proceedings.
5. As noted earlier, the functions, status and duties of the Political Interpreters were laid down by the Government of India in its communication dated 22.12.1965. The impugned judgment regulating the powers of Interpreters in the Kebang proceedings has been passed in the light of the guidelines as laid down in the aforesaid letter dated 22.12.1965. For ready reference we also think it proper to reproduce the duties of Political Interpreters laid down in the aforesaid communication which are as follows:
"Duties
The following should be the normal duties of Interpreters.
(i) To interpret the views of administrative staff to the villagers wherever necessary.
(ii) To assist in the settlement of disputes. It should, however, be noted that the Interpreters will have no power to give a decision on behalf of Government or confirm the decision of a village institutions on behalf of the Government. (They may attend my village case when invited to do so by village institutions, but under no circumstances they have powers to order of institute a village case which must remain vested in the officers of the District under Regulation 1 of 1945. They may, of course, be deputed as representatives of Government and take part in local village discussions where they may give the institutions the benefit of Government sponsored opinion).
(iii) To bring to the notice of the Deputy Commissioners/Additional Deputy Commissioners any important occurrences in the villages of their area.
(iv) To teach basic hygiene and sanitations to villagers.
(v) To learn medical first aid and then be in position to render it.
(vi) To interpret the people the various important policy decision of the Administration and work undertaken by it for development of the areas and welfare of the tribal people.
(vii) To assist the administration in the procurement and supply of local products for Government uses.
(viii) To render assistance on the work connected with the improvement of communication system in the locality.
(ix) To assist local officers in the procurement of casual porters as and when necessary.
6. A group of Head Gaon Buras had submitted a representation to the Deputy Commissioner, West Siang District alleging uncalled for and undue inference of Political Interpreters in the local Kebang/Keba proceedings. This representation was disposed of by the Deputy Commissioner by the order dated 3.8.2006 where by PA/PIs were allowed to supervise the judicial proceeding of local authorities known as 'Kebang'. This order was challenged by 36 (thirty six) Village Headmen by filing WP (C) No. 347 (AP) of 2006 which has been decided by the impugned judgment.
7. Although the Political Assistants/Interpreters were not impleaded as parties to the writ petition, but, since the role, powers and duties of PA/PIs have been defined in the impugned judgment, a group of PA/PIs have filed this writ appeal c
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