Petitioner alleged that the archaic practice of 'khulji ghar' (flesh house) for punishment in Nagaland violates human rights. Court heard affidavits from respondents denying current practice. Declared PIL closed.
PIL closed.
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GAHC010048352021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : PIL(Suo Moto)/1/2021
XXX GUWAHATI, ASSAM
VERSUS
IN RE - STATE OF NAGALAND AND 2 ORS REPRESENTED BY THE CHIEF SECRETARY, NAGALAND CIVIL SECRETARIAT, KOHIMA - 797001
2:THE HOME COMMISSIONER DEPARTMENT OF HOME NAGALAND CIVIL SECRETARIAT KOHIMA - 797001
3:THE DIRECTOR GENERAL OF POLICE NAGALAND POLICE HEADQUARTERS P.R. HILL KOHIMA - 797001
4:AO SENDEN REPRESENTED BY ITS PRESIDENT SANGTEMLA WARD MOKOKCHUNG NAGALAND-798601
Advocate for the Petitioner : MR. U K NAIR, SR. ADV, SC GHC
Advocate for the Respondent : MR. K N BALGOPAL
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BEFORE
HON’BLE THE CHIEF JUSTICE (ACTING) MR. N. KOTISWAR SINGH HON’BLE MR. JUSTICE SOUMITRA SAIKIA order
12-05-2022
[N. Kotiswar Singh, CJ (Acting)]
Heard Mr. U.K. Nair, learned Senior Counsel assisted by Mr. A. Chakraborty, learned counsel for the petitioner. Also heard Mr. K.N. Balagopal, learned Advocate General, Nagaland and Ms. T. Khro, learned Government Advocate, Nagaland, appearing for the respondent nos. 1, 2 & 3, Mr. C.T. Jamir, learned counsel for the respondent no.4.
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its jurisdiction also has denied continuation of any such practice by filing a detail affidavit. In the affidavits filed by the State respondents and the respondent no.4, it has been clarified that though there was a practice of abovementioned punishment in the earlier times but with the advent of modernity such practice has long been abandoned and exists only in the form of representation. Such structures i.e. “khulji ghar” or “Shi-Ki” (flesh house) are kept in the museums and have been preserved as artefacts and not for any real purpose.
JUDGE CHIEF JUSTICE (ACTING)
Comparing Assistant
1 issue framed by the court
Whether the alleged archaic practice of 'khulji ghar' or 'Shi-Ki' (flesh house) punishment in Nagaland violates constitutional norms and basic human rights.
XXX
State of Nagaland
The Home Commissioner, Department of Home, Nagaland
The Director General of Police, Nagaland
Ao Senden
N. Kotiswar Singh
Soumitra Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
