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06/09/2005: "Manipur Opposition demands resignation of Naga ministers"

Manipur Opp demands resignation of Naga ministers Naga Realm
Imphal: Manipur Opposition, the Democratic Peoples Alliance, on Monday demanded dropping of the two Naga ministers, who are alleged signatories in a memorandum submitted to the Prime Minister in support of the demand for creation of 'Greater Nagaland'.Addressing a press conference here on Monday, former Deputy Chief Minister, L. Chandramani Singh, the convenor of the DPA said that if the allegations made by United Committee Manipur (UCM) in this regard is found to be true, the ministers should resign immediately from the Council of Ministers or they should be dropped.

Chandramani Singh said the consensus stand of the ruling Secular Progressive Front ministry headed by O. Ibobi Singh, the Opposition Democratic Peoples Alliance (DPA) and the people of Manipur is that the territorial integrity of Manipur should be protected at any cost."Therefore, the submission of the representation is against the wishes of the people of Manipur and it is condemnable. Hence the ministers should be dropped from the ministry," he said.
The DPA is made up of BJP, Federal Party of Manipur (FPM) and Manipur Peoples Party (MPP).Chandramani Singh, who is also the president of the FPM said the DPA welcomed the ongoing peace process between the NSCN(I-M) and the Centre. The peace talk could only bring a peaceful solution to the Naga problem and also lead to peace in the North East.However, in the name of bringing peace, Manipur's territory should not be sacrificed. (NNN)

Rio steps in to defuse Tobu crisis OUR CORRESPONDENT The Telegraph
Kohima, June 8: Gunmen suspected to be from the Chang tribe of Nagaland yesterday kidnapped nine persons and killed two of them, forcing the Neiphiu Rio government to finally intervene in a tribal rivalry that has been continuing for over two years now.The kidnappers freed the surviving hostages in the evening, but tension had escalated in the Tobu area by then. Chief minister Neiphiu Rio convened an emergency cabinet meeting on receiving news of the incident. This morning, a group of ministers led by Imtilemba Sangtam left for Tobu to take stock of the situation.
The Chang and the Konyak tribes have been fighting over land in Tobu, which is in Mon district. The Changs, who are the dominant tribe in neighbouring Tuensang district, claim to be the rightful owners of the disputed land. At least 10 people have been killed in the conflict in the past year alone. Police said 11 people were travelling from Tobu to Mon town in a Tata Sumo when a 10-member group waylaid the vehicle. The driver and a girl were set free, while the remaining passengers, six of them residents of Tobu, were whisked away in the same car. Two of the kidnapped persons were killed shortly thereafter, the police said. The rest returned unharmed in the evening. Mon deputy commissioner L.T. Konyak said the kidnappers were probably from a “self-defence force” of the Chang tribe.
Prepare for fresh stir, says UCM The Imphal Free Press

IMPHAL, Jun 8: The United Committee of Manipur, UCM has called upon the people of the state to prepare for democratic agitations if any challenges were posed to the territorial integrity of Manipur again. The UCM has said in a statement that the ruling SPF government meanwhile should make a public declaration in the wake of the government of India reportedly forming a boundary commission.
The UCM charged the government of India in its policy to appease two leaders of the NSCN (IM) is keen on triggering ethnic clashes and genocide in the whole of the Northeast by interfering with the territorial boundaries of the states. The UCM also asked the ruling SPF government to make a public declaration if it had given its nod on the formation Greater Nagaland or to the Border Commission.

Further the government should declare if it endorsed the existence of NSCN (IM) in the state.
It also said that Manipur cannot have Meitei land, Kukiland, Tangkhul land or separate lands for the different tribes and communities in the state. The people of Manipur are committed to safeguard the integrity of Manipur and they have clearly given their decision for an undisturbed territory in the mass rallies on August 4, 1997, September 28 in 2000 and the June 18, 2001, the statement added.

AMUCO not to participate : The All Manipur United Clubs’ Organisation, AMUCO has stated it will not participate at the tributes to be paid to the martyrs of June 18 people’s uprising at Kekrupat. In a press release, the AMUCO stated that Kekrupat should not belong to a particular group or individual but to the whole of Manipur. Until such an atmosphere is brought in Kekrupat area, AMUCO will not participate at the tribute to be paid on June 18 despite the call for a united observation by families of the 18 martyrs. Instead, the AMUCO will observe the day as Integrity Day at GM Hall and floral tributes will be paid to the June 18 martyrs, the release said. Further, June 14 will also be observe as Protest Day. Poster campaigns and seminar on ‘imperialist globalisation and crisis of nationalism’, ‘identity question and peoples’ solidarity movement and ‘gift of history to solidify the people of Manipur’, the release added.

commentary: THIS ETHICS :IN ANY SOCIETY, DEMOCRATICALLY ESTABLISHED, A PARTICULAR SOCIETY LIKE THE MEETEIS CANNOT AND SHOULD NOT DETERMINE THE FUTURE OF OTHER SOCIETIES. UCM CLAIM TO DEMOCRATIC PRINCIPLES IN THIS CONTEXT IS NOTHING BUT FOR THE CONTINUANCE OF MEETEIS HEGEMONIC RULE OVER THE CHIN, KUKI, PAITE, MIZO AND NAGAS. STOP IT FOR THE SAKE OF HUMANITY. fearless mountain peoples :meiteis are against the unity of the peoples of zomiland and nagalim, because they are lazy and land-greedy shameless beggars. however, though they may use different nomenclatures and dirty tactics, their dream to to preserve their inhuman hold over the mountain peoples is long dead and gone; india is not stupid to let the country pay so much in terms of money and lives of thousands of indian soldiers for preserving meitei empire.800 square miles Meiteiland :UCM (Unwanted Criminals of Meiteiland) and AMUCO (All Meiteiland Unwanted Criminal Organization) are controlled by the UNLF terrorist organization.Sakhen :Can any one please tell me which UG groups control these two organisations: UCM and AMUCO?

Boundary Commission raises UCM's hackles Source: The Sangai Express
Imphal, June 08: Reacting sharply against the story that the Government of India may constitute a Boundary Commission to study the Naga inhabited areas in the backdrop of the demand raised to integrate all Naga inhabited areas, the United Committee Manipur today raised two questions for the SPF Government to answer immediately. In a statement, UCM asked whether the SPF Government has given the permission for the NSCN (IM) to open their designated camps on the soil of Manipur and whether it has agreed to the proposal to constitute the Boundary Commission. Protecting the territory of Manipur is not something new, said UCM and recalled that as far back as 1965, the people of Manipur had told the Indian Government that the boundary of Manipur can never be compromised.

The spontaneous protest of the people against the Bangkok Declaration that extended the cease fire between the NSCN (IM) and the Centre to Manipur and the ultimate sacrifice by 18 persons is testimony to the fact that the people will brook no attempt to compromise with the territory of Manipur, said UCM.Manipur is home to a number of communities and there is no specific area which can be said to belong to any particular community, said UCM and urged the people to protect the age old heritage left behind by the forefathers through sweat and toil. Two Cabinet Ministers of the SPF Govt and a number of MLAs have also appended their signatures on the memorandum endorsing the formation of Greater Nagaland, recalled UCM and added that in such a situation the time has come for the State Govt to issue a public declaration. UCM also asked the people to be wary of any elements who may try to fan communal passion and project the stand of the people in the wrong light.

Appealing to all to be wary of the designs of many elements, UCM said the people should not be taken in by promises of developmental projects or money for that would ring out the message that the people of Manipur can be easily bought over. On June 18, UCM said that the Great June Uprising will not be observed district wise and urged all to attend the function at Kekrupat.
PM, Gogoi to discuss freeing of jailed rebels By Syed Zarir Hussain, Indo-Asian News Service
Guwahati, June 9 (IANS) Decks to free some top jailed leaders of the United Liberation Front of Asom (ULFA) in Assam for holding peace talks could be cleared with Chief Minister Tarun Gogoi meeting Prime Minister Manmohan Singh in New Delhi Thursday. An Assam government spokesman said the chief minister will formally seek the central government's clearance on demands by the ULFA for releasing at least four of its jailed leaders. Last week the outlawed group, which has been battling for an independent homeland in Assam since 1979, demanded the release of four jailed leaders as a precondition to holding talks with the government. Gogoi had earlier announced his government was ready to "walk the extra mile" to facilitate talks with the ULFA.
"We are ready to accept ULFA's demand if that helps in bringing peace and facilitating holding of talks," he had told journalists Wednesday before leaving for New Delhi. The centre has formally invited the ULFA for talks aimed at ending years of deadly insurgency in the region.
"We require at least 10 members of our central committee to discuss New Delhi's offer for holding talks. Right now only six members are free and the rest are in jail," ULFA commander-in-chief Paresh Baruah said in a statement. The chief minister is also expected to meet National Security Adviser M.K. Narayanan, the central government's peace emissary currently liaising with the ULFA for talks through noted Assamese writer Indira Goswami. Goswami has been sought by the ULFA to mediate for peace talks with the central government. The chief minister's meeting with the prime minister and the National Security Adviser assumes significance as this could change the insurgency scene in the region.
"If the government agrees to free the jailed ULFA leaders, the rebel leadership will be forced to come out and hold talks. If the ULFA decides to backtrack once their leaders are freed, the outfit will lose whatever public sympathy it has," an analyst said. "It will be a win-win situation for the government to concede the ULFA's preconditions and make them come for talks."
In 1992, a group of five senior jailed ULFA leaders were freed and taken to New Delhi for initiating talks with then prime minister P.V. Narasimha Rao. "The ULFA leaders then jumped parole and went underground once again with the talks failing at that point of time," a senior Assam police official said.
AMUCO to go it alone on Jun 18 Source: The Sangai Express
Imphal, June 08: All Manipur United Clubs' Organisation (AMUCO) has categorically stated that there is no question of organising the June 18 programme for paying homage to those who made the supreme sacrifice for the cause of territorial integrity of Manipur with ‘another group’ at Kekrupat.
In a statement, AMUCO said although it respects the sentiments of the family members of the martyrs who expressed their desire for observing June 18 together at Kekrupat, it cannot accept the offer at all.

AMUCO had tried its best, with the support of the people, to preserve the sanctity of Kekrupat where the mortal remains of the 18 martyrs have been put to rest. But the ‘other’ group has defiled it, the statement said, adding that like in the previous years AMUCO will observe Protest Day on June 14 and Unity Day on June 18. Besides conducting wall poster campaign, a discussion session on the theme of Imperialist globalisation and crisis of Nationalism would be organised at MDU Hall to mark the Protest Day on June 14, the AMUCO statement said.

The Unity Day would be observed on June 18 at GM Hall where rich tributes would be paid to the martyrs, the statement informed, while appealing to all the people to take part in these functions.
UCM campaign Source: The Sangai Express
Imphal, June 08: To offer fitting tribute to martyrs of the June 18, 2001 mass uprising the UCM organised public interaction sessions on June 5 and 6 at Nambol Bazar, Langjing, Thoubal Pakhangkhon and Malom Changangei areas. In addition to elaborate discussion on threat posed to the territorial integrity of Manipur the meeting vowed to oppose sinister designs of Govt of India.

Referring to the State Govt declaring June 18 as holiday UCM also informed private parties to pay obeisance to the departed souls.Stating that all inter State/district bus services would remain cancelled on June 18 as they would be transporting the homage payers from various corner of the State UCM also urged bodies extend cooperation in smooth observance of the occasion.
Meanwhile, Churachandpur district based Meetei Society, Ima Leimarel Apunba Lup, Meetei Youth Organisation, Iramdam Chanura Apunba Lup and various youth and voluntary organisations resolved to extend full cooperation and participate in the June 18 uprising observation while pledging to support UCM in opposing any move that threatens the territorial integrity of Manipur.
UNLF claims Source: The Sangai Express
Imphal, June 08: The UNLF has claimed to have inflicted heavy casualty on Indian security force including slaying three personnel during a gun-fight today evening at Tingmuankhal Paite village located in the adjoining area of Jiri sub-division and CCpur district. The three were killed at around 6 pm, asserted a UNLF spokesman while adding that the MPA ambushed a security force convoy heading towards Tingmuankhal village from their Laltinkhal post. maintaining that the MPA suffered no ca sualty, the spokesman also claimed of many security personnel sustaining injuries during the nearly one hour clash.
Govts may wait for ULFA’s response From Our Staff Correspondent Assam Tribune
NEW DELHI, June 8 –The Centre and the Assam government may wait for ULFA’s formal response before making any move on release of the detained ULFA leaders even as Chief Minister Tarun Gogoi today said that he would like to clear all road blocks to pave the way for dialogue with the banned outfit. However, contrary to reports, it is the Gas Cracker Project and the proposal to transfer construction and maintenance of all National Highways (NHs) to National Highway Authority of India (NHAI) that is likely to dominate the discussion with the Prime Minister. Gogoi, who was waiting for an appointment with the Prime Minister, told this newspaper that the issue of talks with ULFA would definitely figure in his discussion with the Prime Minister. “We would definitely convey our views to the Prime Minister as we are all for dialogue with the ULFA” he said.
The Chief Minister has already hinted at favourably looking into the demands for release of a few selected ULFA leaders who are in custody of the State government. Gogoi today did try to speak to National Security Adviser, MK Narayanan over telephone but could not get through as he was in meeting. However, the NSA is likely to be present when Gogoi meets the Prime Minister. The Chief Minister said that the State government cannot possible jump the gun and has to wait for a formal response from ULFA, which is yet to come. “Let the letter come and then we will react, though we have already said that there would be no roadblocks in the dialogue process”, he asserted.
The banned outfit has issued press statements calling for release of several of their top leaders who are in custody in Assam and Bangladesh. Writer Dr Mamoni Raisom Goswami, when contacted, meanwhile, said that the formal response from ULFA might take some time to reach Delhi. She cited the absence of top leaders as one of the reasons for delay in the response. ULFA has asked for release of all the detained central committee members to ensure an early decision on the Centre’s offer for talks. While both the Central and State governments have not rejected the demands outright, a spate of meetings were likely before a final decision is arrived at. The government is also extended to put some pre-conditions, sources hinted.

Karbis slapped with ‘quit notice’ in Meghalaya From Our Correspondent Assam Tribune
SHILLONG, June 8 – Outraged by the burning down of at least 26 hutments belonging to people of the Khasi-Pnar Community in the disputed Block II area in the Karbi Anglong district of Assam on Monday night, several NGOs of Meghalaya, under the banner of the Joint Action Co-ordination Committee (JACC) slapped a ‘quit notice’ on Karbis residing in the State. At least 26 hutments belonging to Khasi-Pnar farmers at village Lum Dorbar in Block II adjoining the Ri-Bhoi district of Meghalaya were allegedly burnt down by personnel of the Assam Police under the aegis of the Karbi Anglong Autonomous District Council (KAADC) and the Forest Department on Monday night. With no government aid forthcoming, the victims, including women, children and aged persons were forced to take shelter in a nearby chapel. The ‘eviction drive’ was carried out ten years after a Supreme Court order in 1996 directing vacation of designated government reserved forests in the country of encroachers. Meanwhile, talking to The Assam Tribune in Shillong on Tuesday, Khasi Students’ Union (KSU) president Samuel Jyrwa termed the burning down of Khasi-Pnar huts in Block II as “most barbaric”. “This draconian Act has been carried out in contrast to the assurance given by the Karbi Anglong District Council authorities that the lives and properties of the Khasis would be protected. We squarely and entirely blame the governments of Assam and Meghalaya for not taking matters seriously,” the KSU president said.
Commenting on the ‘quit notice’ slapped by the JACC on Karbis residing in Meghalaya, Jyrwa quipped: “Every action is bound to have an equal and opposite reaction.” The Block II along Ri-Bhoi and Block I adjoining the Jaintia Hills district of Meghalaya have for long been bones of contention between the two neighbouring states. Both the blocks are presently tagged with Assam.
Advani in no mood to relent Statesman News Service
NEW DELHI, June 8. — Reeling under an unprecedented leadership crisis, the BJP top brass today finally rallied behind Mr LK Advani, urging him to withdraw his resignation as party president. Mr Advani told them that he would convey his final decision tomorrow in time for the Parliamentary Board’s next meeting. The BJP central leaders had not closed their ranks openly behind Mr Advani until this evening, in the face of severe criticism from the RSS of Mr Advani’s statements on Jinnah, Babari Masjid’s demolition and Partition, during his tour of Pakistan.
The scene, however, changed with the BJP Parliamentary Board meeting, which passed a resolution “unequivocally” rejecting his resignation and urging him to continue to lead the party. But the resolution did not make any reference to Mr Advani’s statements while in Pakistan.
Because Mr Advani firmly stuck to his decision to quit the party chief’s post, BJP vice-president Mr M Venkaiah Naidu presided over the Parliamentary Board and central office-bearers’ meeting, which was attended, among others, by Mr Atal Behari Vajpayee and Dr Murli Manohar Joshi.
Soon after the meeting, top BJP leaders, except Mr Vajpayee and Dr Joshi, reached Mr Advani’s residence where Mr Naidu handed over a letter to him conveying the Parliamentary Board’s decision.
Sources said Mr Advani had expressed his anguish to the leaders on why the party did not formulate its response to his remarks in Pakistan which triggered the latest crisis in the Sangh Parivar. He was believed to have told his colleagues to “clarify” the party’s stand on his statements in the first place.
Sources said he had told the BJP leaders who met him today that the party must either endorse his views on Jinnah or follow the RSS theory of Akhand Bharat. The party, however, denied the report.
To deliberate on the evolving situation and the future course of action, another meeting of the BJP’s Parliamentary Board and central office-bearers, as well as the chief ministers of the BJP-ruled states, has been scheduled for tomorrow. Today’s meeting steered clear of any discussion on Mr Advani’s successor, which, sources hinted, could be taken up only after dust settled on the resignation row.
The resolution adopted at the Parliamentary Board meeting sought to give unqualified support to Mr Advani. It strongly condemned the use of “highly objectionable language by some VHP leaders”. “These statements have lowered the level of public discourse. Such indecent protests and abusive language adversely affect the strength of the nationalist movement.”
BJP closes ranks behind Advani statesman
New Delhi, Jun 8 Grappling with the leadership crisis, BJP top brass today closed ranks behind LK Advani urging him to withdraw his resignation as party president on which he will give his decision tomorrow. In the face of a strong RSS reaction to Advani’s praise for Mohmmed Ali Jinnah and other statements in Pakistan no BJP leader had rallied to his defence till its Parliamentary Board met here this evening and passed a resolution rejecting his resignation and urged him to continue to lead the party. However, interestingly the resolution passed at the Parliamentary Board refrained from making any reference to the controversial remarks on Jinnah that had attracted the RSS ire.
As Advani ruled out reconsidering his decision to quit, party vice president M Venkaiah Naidu presided over a meeting of the Parliamentary Board and central office bearers which was attended by the top brass including former Atal Bihari Vajpayee. “The meeting unequivocally rejected the resignation of LK Advani. The meeting appeals to Advani to continue to lead the party, which he has so ably led in the past,” the resolution said. Immediately after the meeting, all the BJP leaders barring Vajpayee and Murli Manohar Joshi drove to Advani’s residence where Naidu handed over a letter conveying the Parliamentary Board’s decision rejecting his resignation.
“On behalf of the party I request you to consider the strong opinion and wishes of the party members that you should continue as the Party president. Both the nation and the party need your services. I am sure you will reconsider your decision and withdraw your resignation,” Naidu’s letter said.
Advani told Naidu and other leaders that he would convey his decision tomorrow in time for the Parliamentary Board meeting scheduled for 1100 hours. In an apparent attempt to assuage his feeling of hurt at the attack by VHP firebrand leader Pravin Togadia, who called him a traitor and the lack of response from the party, the resolution strongly condemned the use of “highly objectionable language” by some VHP leaders about Advani. “These statements have lowered the level of public discourse. Such outbursts, indecent protests and abuse language adversely affects the strength of the nationalist movement in the country. These statements also go against the very ethos of Hinduism,” it said.
However, the VHP maintained its fire against Advani saying Advani should stick to his decision to resign and BJP should chose a “Hindu-minded” leader as its President. RSS chief KS Sudarshan broke his silence on the current developments saying Advani had done a good job as party president but preferred not to react to his resignation. It was an internal matter of the BJP, he said. PTI

Armed Forces Special Powers Act & human rights By A Romenkumar (IG L&O-II)
What light is to the eyes -What air is to the lungs, What love is to the heart, liberty is to the soul of man. — Ingerosll Luminously claimed.
1. What is Terrorism?
The phenomenon of terrorism can be defined as a strategy whereby violence is used to produce effects in a group of people so as to attain some political ends. One of the effects of such strategy is often fear. The chilling eerie of violence perpetrated by terrorists for a cause has made the world shudder with a creeping sense of insecurity. The controversial disappearances, kidnappings, assassinations, attacking of security forces and besieging of innocent people are “tactic” of the dramatic gesture that prove the ability of the terrorists to strike when, where and whom they like. Terrorism has come to engulf global peace and human safety. It has made its target the person, property, places and communications in a bid to paralyse the individual liberty and dignity of persons on one hand and peace and security on earth on the other. Terrorism in India is a major problem today, which cannot simply be allowed to persist. It is a complex phenomenon with social, political and economic factors behind it. It transcends national boun-daries and has international ramifications.
2. Extraordinary situation
Nothing is more disastrous, disarray and dangerous than sporadic killing of innocent persons, preaching violence followed by extortion and looting and kidnapping for ransom committed by frenzied force of terrorism with their dictatorial attitude which has become a global phenomenon. The post 11th September, 2001 incident of attack at the World Trade Centre shows the magnitude and danger of growing global terrorism which calls for the demonstration of determined, effective and tenacious environment with competence, professionalism and dedication to combat terrorism effectively. Since the normal peacetime standard of Criminal Law is not only inadequate but also very weak in combating terrorist activities, which are far serious in nature, intolerably grave in impact and highly dangerous in consequences a Special Law is required designed to meet and check the extraordinary situation. ‘The Prevention of Terrorism Act, 2002’ was enacted over India.
3. Vires of POTA was challenged
Vires of Prevention of Terrorism Act was challenged in the Supreme Court in People’s Union for Civil Liberties and another Vs Union of India, AIR 2004 SC 456. While upholding the validity of the Special Law, the Supreme Court held as below:
(i) Description of Terrorists' Acts
Terrorist acts are meant to destablize the nation by challenging its sovereignty and integrity to raze the constitutional principles that we hold dear, to create a psyche of fear and anarchism among common people, to tear apart the secular fabric, to overthrow the democratically elected Government, to promote prejudice and bigotry, to demoralize the security forces, to thwart economic progress and development and so on. This cannot be equated with an usual law and order problem within a State. On the other hand, it is inter-State, inter-national or cross-border in character.
(ii) Fight against the overt and covert acts of terrorism is not a regular criminal justice endeavour
Fight against the overt and covert acts of terrorism is not a regular criminal justice endeavour, rather it is defence of our nation and its citizens. It is a challenge to the whole nation and invisible force of Indianness that binds this great nation together. Therefore, terrorism is a new challenge for law enforcement, by indulging in terrorist activities organised groups or individuals, trained, inspired and supported by fundamentalist and anti-Indian elements were trying to destablise the country, this new breed of menace was hitherto unheard of. Terrorism is definitely a criminal act, but it is much more than mere criminality.
(iii) Today the Govt is charged with the duty of protecting the unity, integrity, secularism and sovereignty of India
Today the Government is charged with the duty of protecting the unity, integrity, secularism and sovereignty of India from terrorists, both from outside and within borders. To face terrorism, we need approa-ches, techniques, weapo-ns, expertise and of course new laws. In the above said circumstances, Parliament felt that a new anti-terrorism law is necessary for a better future. This parliamentary resolve is epitomized in POTA.
(iv) The terrorist threat that we are facing is now on an unprecedented global scale
The terrorist threat that we are facing is now on an unprecedented global scale. Terrorism has become a global threat with global effects. It has become a challenge to the whole community of civilized nations. Terrorists’ activities in one country may take on a transna-tional character, carrying out attacks across one border, receiving funding from private parties or a Government across another and procuring arms from multiple sources. Terrorism in a single country can readily become a threat to regional peace and security owing to its spill over effects. It is, therefore, difficult in the present context to draw sharp distinctions between domestic and international terrorism.
(v) Anti-terrorism individuals laws should be capable of dissuading individuals or groups from escorting to terrorism
Therefore, the anti-terrorism laws should be capable of dissuading individuals or groups from escorting to terrorism, denying the opportunities for the commission of acts of terrorism by creating inhospitable environments for terrorism and also leading the struggle against terrorism. Anti-terrorism law is not only a penal statute but also focuses on pre-emptive rather than defensive State action. At the same time, in the light of global terrorist threats, collective global action is necessary. Parliament has passed POTA by taking all these aspects into account. Moreover, the entry “Public Order” in the State list only empowers State to enact a legislation relating to public order or security in so far as it affects or related to a particular State. Howsoever, wide meaning is assigned to entry “Public Order” the present day terrorism cannot be brought under same by any stretch of imagination. Terrorism is not confined to the borders of the country. Cross-border terrorism is also threatening the country. To meet such a situation, a law can be enacted only by Parliament and not by State Legislature.
4. Terrorism in the State of Manipur
(i) With the uprising of the Naga hostile activities in Manipur, the law and order scenario in the region demanded a special law to give wide powers to the armed forces to deal with any abnormal situation. For this purpose, the Armed Forces (Special Powers) Act, 1958 was extended to the State of Manipur. The background of this Special Law is as below:
To deal with the situation arising in certain provinces on account of the partition of the country in 1947, the then Governor General issued four Ordinances, namely
(i) The Bengal Distur-bed Areas (Special Powers of Armed Forces) Ordinance. 1947 (II of 1947),
(ii) The Assam Distur-bed Areas (Special Powers of the Armed Forces) Ordinance, 1947 (14 of 1947),
(iii) The East Punjab and Delhi Disturbed Areas (Special Powers of the Armed Forces) Ordinance. 1947 (17 of 1947) and
(iv) The United Provinces Disturbed Areas (Special Powers of Armed Forces) Ordinance, 1947 (22 of 1947). These ordinances were replaced by the Armed Forces (Special Powers) Act, 1948 (Act No.3 of 1948).
This Act was a temporary statute enacted for a period of one year. It was, however, continued till it was repealed by Act 36 of 1957. Thereafter, the Central Act was enacted by Parliament. It was known as the Armed Forces (Assam and Manipur) Special Powers Act, 1958 and it extended to the whole of State of Assam and Manipur and as a result of the amendments made therein it is now described as AFSPA, 1958 and it extends to the whole of the State of Arunachal Pra-desh, Assam, Manipur, Meghalaya, Mizoram, Na-galand and Tripura. Under Section 3 of the Act, the power to declare an area to be disturbed area was conferred on the Governor of Assam and the Chief Commissioner of Manipur.
(ii) Subsequent Amendment of the Act
Section 3 was amended by Act 7 of 1972 and power to declare an area to be “disturbed area” has also been conferred on the Central Government. In the statement of Objects and Reasons of the Bill which was enacted as Act 7 of 1972, the following reason is given for conferring on the Central Government the power to make a declaration under Section 3.
The Armed Forces (Assam and Manipur) Special Powers Act, empowers only the Governors of the State and the Administrators of the Union Territories to declare areas in the concerned State or Union Terrorities as “disturbed” keeping in view of the duty of the Union under Article 355 of the Constitution, inter alia, to protect against internal disturbance, it is considered desirable that Central Government should also have power to declare areas “disturbed” to enable its Armed Forces to exercise the special power.
The amended provision of Section 3 is reproduced as below:
3. Power to declare areas to be disturbed areas- If, in relation to any State or Union Territory to which this Act extends, the Governor of that Stale or the Administrator of the Union Territory or the Central Government, in either case, is of the opinion that the whole or any part of such State or Union Territory, as the case may be, may be is in such a disturbed or dangerous condition that the use of armed forces in aid of the civil power is necessary, the Governor of that State or the Administrator of that Union Territory or the Central Government, as the case may be may, by notification in the Official Gazette, declare the whole or such part of such State or Union Territory to be a disturbed area.
5. Declaration of the entire area to be disturbed area
With the deterioration of the law and order scenario in the State of Manipur the entire State was declared as disturbed area under Section 3 of the Armed Forces (Special Powers) Act, 1958 and Army and Assam Rifles who are also governed by the Army Act, 1950 were inducted to deal with the abnormal situation in the State. The said Act was also extended to various parts of Assam, Nagaland, Meghalaya, Arunachal Pradesh and Tripura. Under Section 4 of the Act wide powers are given to any commissioned officer, warrant officer, non-commissioned officer or any other person equivalent in rank in the Armed Forces to open fire for the maintenance of public order after giving due warning.
The relevant Sections 4 and 5 of the Act are reproduced as below:
4. Special powers of the armed forces - Any commissioned officer warrant officer, non-commissioned officer or any other persons of equivalent rank in the armed forces may, in a disturbed area-
(a) if he is of opinion that it is necessary so to do for the maintenance of public order, after giving such due warning as he may consider necessary fire upon or otherwise use force, even to the causing of death, against any person who is acting in contravention of any law or order for the time being in force in the disturbed area prohibiting the assembly of five or more persons or the carrying of weapons or of things capable of being used as weapons or of fire-arms, ammunitions or explosive substances.
(b) if he is of opinion that it is necessary so to do, destroy any arms dum-p, prepared or fortified position or shelter from which armed attacks are made or are likely to be made or are attempted to be made, or any structure used as training camp for armed volunteers or utilised as a hideout by armed gangs or absconders wanted for any offence. (This article was first published in the Academy Journal of the National Police Academy)