Shillong, Dec. 16: Meghalaya High Court has adjudicated that headmen should confine themselves to social development activities of their locality only and not take the law in their own hands or interfere with the administration.

This has come via a judgment and order passed by Justice S.R. Sen recently. The judge also observed that headmen “have no power to issue any kind of certificate unless empowered by rule or laws”.

The judgment and order was passed when the judge was adjudicating on a writ petition filed by eight residents of different villages of East Jaintia Hills who wanted their fundamental rights to be protected.

The petitioners, who were ostracised by the village headman and others, were allowed to return to their respective villages.

The court also warned the headman not to repeat such activities, and reminded them not to interfere with the law and order.

The respondents extended an apology and they were allowed to go with a warning that if they repeat, they would be sent to jail for such activities.

“I observe that the original concept of headman of a locality is totally different from what it is at present. As far as my knowledge goes, a headman should be an elderly person of a locality with good background, having humane feeling, sense of integrity and who is against all kinds of violence and elected by the people of the locality and to obtain sanat (letter of authority) from the syiem (chief),” Justice Sen said in his judgment.

He also said the headman’s duty is to look after the welfare of the locality concerned only and at best, he can place the grievances of the people to the government, district administration or to the police.

“Headman of a locality did not derive any right from law and rule or from the Constitution to issue no-objection certificate for the purpose of birth/death or for registration of any document as well as for building permission and obtaining loan,” he added.

However, he noted that whenever any person approached for birth/death certificate, building permission, registration of sale deed or any other document or power connection, loan, they have been asked to bring a no-objection certificate from the local headman, which is “highly illegal” on the part of the district administration and the government.

“We also notice that very often, local headmen interfere with the police work as well as with the district administration. Now the question arises, from where did those headmen derive the power to issue no-objection certificate or to interfere with administration or indulge in removing people from villages?” he asked.

“The answer is that no rule of law has empowered them to do so; they are doing these kinds of activities according to their whims and will and they try to run a parallel government. As a result, common citizens are the worse sufferers, which should not be allowed at any cost,” Justice Sen said.

He said some headmen of a locality are drivers, peons or small businessmen and “without knowing anything, they try to impose their ideas on others which is also undesirable in this modern world”.

“I am of the considered view that in a state, two parallel governments cannot run simultaneously. It is the government, district administration and the police who are established by law and no assistant should be sought from any headman,” he added.

The court directed the chief secretary, district administration and police to look into the matter seriously and to put an end to all these types of parallel government practices for the smooth functioning of the administration, peace and prosperity of the people and state.

Moreover, Justice Sen warned that the government, district administration and police should not indulge or ask people to obtain no-objection certificate from headmen, but they should function their duties independently according to rules and laws.