ITANAGAR, 23 Oct: The Arunachal Law Students Union (ALSU) has urged the Siang deputy commissioner to revoke the suspension orders issued against gaon buras (GBs), purportedly for expressing their opposition to the Siang Upper Multipurpose Project (SUMP).
In a representation to the Siang DC on Tuesday, the union said that a village judicial authority cannot be penalized merely for expressing community concern unless there is a clear act of misconduct directly connected with judicial proceedings.
“The expression of dissent was a personal and community survival concern, not a judicial act,” the union said, and asserted that the suspension order “suffers from serious legal infirmity.”
It further said that the line of law is well settled that judicial officers enjoy protection from arbitrary executive action, and the same principle extends to traditional judicial authorities.
The ALSU said that, though the GBs are appointed under the provisions of the Assam Frontier (Administration of Justice) Regulation, 1945, the Arunachal Pradesh Civil Courts Act, 2021 is now in operation, which obligates the administration to treat village judicial authorities with judicial dignity and protection. The ALSU said that any action against a GB must be taken only after a judicious assessment,keeping both legislations in view and not through unilateral executive orders.
“It is an undisputed position of law that gaon buras are notified village judicial authorities under the Assam Frontier (Administration of Justice) Regulation, 1945, and
now recognized as customary courts under Section 2(d) of the Arunachal Pradesh Civil Courts Act, 2021. The Act clearly acknowledges that village authorities functioning under the Assam Frontier Regulation are full-fledged judicial forums discharging adjudicatory functions within their territorial jurisdiction. Therefore, while exercising such judicial authority, they are protected by law and cannot be subjected to executive suspension or penal consequences for any expression made in judicial capacity,” the law student body said.
However, the ALSU said, in the present case, “the alleged participation of the concerned GBs in opposing the SUMP is not in their judicial role but in their capacity as the proposed project-affected person whose village, land and livelihood stand directly threatened.”
It said that a person does not cease to be a citizen and a rightful stakeholder merely because he holds a judicial position at the village level. The right to express concern over displacement, loss of traditional land and threat to community survival is a fundamental and constitutional rights as per Article 19(l)(a) and Article 21 of the Constitution of India, it said.
The ALSU urged the administration to reinstate the suspended GBs to their rightful position in the interest of justice, rule of law, and protection of indigenous judicial institutions recognised by both the Assam Frontier Regulation and the Arunachal Pradesh Civil Courts Act.
