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06/13/2005: "UNC rally on June 16, bandh on June 21 to call for Naga unification"

UNC rally on June 16, bandh on June 21 to call for Naga unification The Imphal Free Press

Imphal, Jun 12: The United Naga Council (UNC), an apex body of the Naga community living in Manipur is oganising public rallies on June 16 in the hill districts of Tamenglong, Chandel, Ukhrul and Senapati in support of the ongoing Naga peace process. The UNC has also called a bandh on June 21 as a symbol of protest against the state government declaring June 18 a state holiday. The UNC leaders and its executive members in a 6-hour long meeting held at Senapati today has taken this decision. The UNC rallies will be held simultaneously in these four hill districts on that day with the respective Naga tribal organisations taking the charge in their respective jurisdictions. The June 16 rallies will be carried out under the theme, " Solidarity Rallies - Towards Naga Unification."

The UNC in a brief press-note faxed to Newmai News Network from Senapati this evening by its president Puni Modoli, stated that at the end of the rallies on June-16 a memorandum each from the four hill districts would be submitted to Prime Minister Dr. Manmohan Singh through the respective deputy commissioners of Tamenglong, Chandel, Ukhrul and Senapati. Mention may be made that in the past several years too, there had been similar rallies in these four hill districts showing solidarity to the Naga peace process. These rallies were peaceful, however the Senapati district being situated along the National Highway-39 the rallies usually disrupt the smooth passage of the inter-state tourist buses and goods trucks on the rally day. However,vehicles can pass through Senapati town when the rally is over. The pressnote also called a 24-hour bandh on June 21 as a symbol of unhappiness at the Manipur government declaring June 18 as a state holiday. The UNC had earlier declared that it had no objection to the government declaring the day as a restricted holiday. UNC president Puni has said that the UNC had no objection to people observing June-18. He also said in an earlier statement that the UNC "does not stand against any organisation or community in this regard.

However, the UNC statement issued today said that "the Naga apex body in Manipur condemns the action of the government of Manipur for ignoring the Naga dreams and aspirations by declaring June 18 as a state holiday". Para-military forces, medical services, journalists and other extremely essential services will be exempted from the purview of the UNC sponsored bandh on June 21. The bandh begins at midnight of June 20 and ends at midnight of June 21.

Commentary Dear UNC,
It is time, objectives are set based upon a prosperous united future and peaceful co-existence. I don't think talking about unity, based on closed door only naga policy is very much outdated in context of the 21st century, where boundaries are slowly replaced by free trade and free minds. there has never been a Naga territory or a Kuki territory or only Meitei territoty.
Building this imaginary nation based on anti-Manipur and anti-multicultural co-existence would be the worst sin one could imagine. I belive the UNC member who are students with their education should be able to see the repercussion and ill blood that it would nurture and yield with such IMAGINE nation. The era is 21st century where it is complete stupidy to live in world of only Naga only christian ideology. Secularist, liberalist and unification is the mantra in progressive thinking ever changing world of the 21st century. Please don't let propagandas and lies , make a mockery of the people of Manipur.
regards elangbam
Oieroi :There are many confusing beliefs of the UNC. First how can you say it as a 'peaceful' rally when you are doing for making a 'piece' of Manipur? Secondly, you say Naga dreams, what about the dreams of the million other inhabitants of Manipur? I would say, it is a pipedream that the Nagas are dreaming, and it is a selfish demand to create Nagalim. The hype of all these pressured demands created by the NSCN(IM) will lead to clashes among communities, which the Nagas wants it or not.
UNC rally on June 16th, 24 hrs bandh on 21st
IMPHAL/KOHIMA, June 12: The United Naga Council (UNC), an apex body of the Naga community living in Manipur is oganising public rallies on June 16 in the hill districts of Tamenglong, Chandel, Ukhrul and Senapati in support of the ongoing Naga peace process with the Centre. The UNC leaders and its executive members in a 6-hour long meeting held at Senapati today took the decision to go ahead with the rallies. The UNC rallies will be held simultaneously in these four hill districts on that day with the respective Naga tribe Hohos taking the charge in their respective place of jurisdiction.The June 16 rallies will be carried out under the theme, “Solidarity Rallies—Towards Naga Unification”.

The UNC in a brief press-note faxed to Newmai News Network from Senapati this evening by its president Puni Modoli, stated that at the end of the rallies on June 16, a memorandum each from the four hill districts would be submitted to Prime Minister Dr Manmohan Singh through the respective Deputy Commissioners of Tamenglong, Chandel, Ukhrul and Senapati. Mention may be made that in the past sveral years too, there had been similar rallies in these four hill districts showing solidarity to the Naga peace process. These rallies were generally peaceful, however for the Senapati district being situated along the National Highway 39, the rallies usually disrupt the smooth passage of inter-State tourist buses and goods trucks on the rally day. However, vehicles can pass through Senapati town when the rally is over. The United Naga Council has also called a 24-hour bandh on June 21 as a symbol of expressing its resentment against the decision of the State Government for declaring June 18 as a State holiday. The UNC had earlier expressed that it had no objection declaring the day as a restricted holiday. UNC president Puni had said that the apex Naga body had no objection to people observing June 18. He also said in an earlier statement that the UNC “does not stand against any organisation or community in this regard”.

However, today’s statement said “the Naga apex body in Manipur condemns the action of the Government of Manipur for ignoring the Naga dreams and aspirations by declaring June 18 as a State holiday”. Para-military forces, medical services, journalists and other essential services will be exempted from the purview of the UNC sponsored bandh on June 21. The bandh begins from the midnight of June 20 and ends at midnight of June 21. (The Sangai Express)

Armed Forces Special Powers Act & human rights By A Romenkumar (IG L&O-II)
(Contd from last Saturday)
(viii) No arbitrary time limit can be set down
But no arbitrary time limit can be set down as it may not be possible in many cases to affirmatively say or precisely qualify the period of time by reference to hours, dates or months. However, it will be possible having regard to circumstances of the case, to say whether thing was done or was not done “with least possible delay”. Therefore, whenever the question of “least possible delay” arises for decision in computing the period of time the court has to have regard to the particular circumstances of the case - physical impossibility or otherwise to make over the arrested person to the nearest police station, and how, where and in what circumstances the arrest was effected.
(ix) Wrongful detention - monetary compensation can be awarded by High Courts
Constitution of India, Articles 21, 22, 226 - Wrongful detention - Monetary compensation can be awarded by High Courts in exercise of jurisdiction (para 13).
(x) Supreme Court on compensation
In Rudul Shah Vs State of Bihar AIR 1983 SC 1086; 1983 CrLJ 1644 the petitioner was in jail for more than 14 years after he was acquitted by the Court of Sessions Majafarpur. The Supreme Court after holding that the Supreme Court in the exercise of its jurisdiction under Article 32 can pass an order for payment of money in the nature of compensation consequential upon deprivation of the fundamental right, awarded a sum of Rs 30,000/- in addition to the sum of Rs 5,000/- already paid by the Govt as an interim measure in the nature of palliative with an observation that the order will not prelude the petitioner from bringing a suit to recover appropriate damages from the State or its erring officials.
(xi) Award of compensation for wrongful detention for 4 days in police lockup
In Bhim Singh Vs State of J&K, AIR 1986 494 : 1986 CrLJ 192, the petitioner Bhim Singh was detained in police lock up for 4 days without order of Magistrate. In that case, the Supreme Court held that it was a gross violation of Bhim Singh’s Constitutional rights under Articles 21 and 22(2) and that when a person comes with a complaint that he has been arrested and imprisoned with mischievous or malicious intent and that his Constitutional and legal rights were invaded; the mischief or malice and invasion may not be washed away or wished away by this being set free. In appropriate cases, the court has the jurisdiction to compensate the victim by awarding suitable monetary compensation. In that case a sum of Rs 50,000/- was awarded.
(xii) No woman can be taken to army camp for interrogation
In Niloy Dutta Vs District Magistrate, Sibsagar District. 1991 CrLJ 2933 (Gauhati), Division Bench of the Gauhati High Court held that no woman can be taken to Army Camp for interrogation - Criminal PC (1974), Sec. 160(1) Proviso. The criminal law of the country is not altered or modified under the provisions of Armed Forces Act, 28 of 1958. What is stated with reference to Police establishment and powers of the police officials u/s 160(1) proviso applies to Army and Army officers under the Act 28 of 1958. Therefore, whenever Army officials have to deal with women under Act 28 of 1958 as offenders before arrest or as witnesses or ‘otherwise’ when women are to be interrogated, no women is expected to be taken to the Army camp for interrogation and a women is not be requisitioned by the Army officials for attendance at any place other than woman’s residence, as provided in Sec 160(1) of the Code of Criminal Procedure. Further, when a male or female is arrested for interrogation or for investigation and army official after arrest hand over the person arrested to police authorities such arrested person cannot be taken again or into the custody by the Army officials.
(xiii) No woman can be summoned to police station for interrogation
The ex-Chief Minister (Nandini Satpalhy) was summoned to the police station for interrogation. When she was summoned to a police station house with the possible prosecution in the event of default u/s 178 or 179 of IPC, she questioned the proceedings and that case is reported in AIR 1978 SC 1025 (1978 CrLJ 968) Nandini Satpathy Vs PL Dam. The Supreme Court in that case considered the criminal laws of the country relating to women. In more than one sense the entire gamut of the subject maker is covered from all perspectives of issues touching upon the rights of women be it an accused (female), a witness (female) to hold that no woman can be summoned to a police station for interrogation or for the investigation of crime. It is needless to dilate aspects dealt in that case as the case is a locus classicus in many respects.
(xiv) Arrested person once handed over to police by the Army cannot be taken back by Army for interrogation
The High Court further held that once a person, male or female, is handed over to the police authorities by the army authorities, such arrested person cannot be taken again into custody by the army officials.
(xv) Compensation for disappearance of boys. Compensation of Rs 1,25,000/- to each victim for disappearing of persons arrested by Army under Special Power Act.
Smt. Potsangbam Ningol Thokchom - Vs General Officer Commanding & Ors. 1997 (4) Crimes 24 (SC).
In this case, the appellant’s mother of two boys each aged about 20 years old were picked up by the Army in the year 1980. Since the boys were not released by the Army, writ of Habeas Corpus was filed. The Court further directed to carry out an enquiry. The enquiry report revealed that there was no cogent evidence to show that the boys picked up by the Army had been released from the custody of the Army. The Supreme Court further held that the appellant should be compensated with an award of Rs. 1,25,000/- each. The present case relied on the judgment of the Supreme Court as reported in Nilabati Behera Vs State of Orissa, (1993) 2 SCC 746. The Supreme Court further held that the case before us is squarely covered by the decision of this Court in Nilabati Behera Vs State of Orissa (1993) 2 SCC 746, the facts whereof were similar to those before us. This court held that there was an obligation upon it conferred by Article 32 of the Constitution to forge the new tools necessary for doing complete justice and enforcing the fundamental rights guaranteed by the Constitution. This enabled it to award monetary compensation in appropriate cases where that was the only mode of redress available. The remedy in public law was more readily available when invoked by the have-nots who was not possessed of the wherewithal for enforcement of their rights in private law, but the exercise was to be tempered by judicial restraint to avoid circumvention of private law remedies where more appropriate.
9. Absence of provision in the Act for malicious action
Unlike Section 58 of the Prevention of Terrorism Act, 2002, there is no provision in the Armed Forces (Special Powers) Act. 1958 for punishment and compensation for malicious action against the members of the Armed Forces who exercise powers corruptly or maliciously knowing that there are no reasonable grounds for using and operating under the said Act. At the same time, the powers given to them are apparently carte blanche with which they can do anything under the garb of carrying out combing operations against the terrorists which are manifestly evident from the judicial pronouncements as discussed above.
10. Public uproar against the custodial killing of one miss Th Manorama
In the early morning of 11/7/2004 one Th Manorama Devi was picked up by the 17 Assam Rifles personnel from her house after issuing arrest memo. But on the way, she was killed on the ground of making an attempt to run away from the custody of the Assam Rifles. It had resulted in creating public uproar. On 15/7/2004, 12 (twelve) women who were leaders of various organizations had protested without any clothes in front of the western gate of the Assam Rifles, which had compelled the State authority to impose curfew for maintaining law and order. Thereafter, the public continued to protest on a large scale. Their main demand was to lift the declaration of “Disturbed Area” in the State under the Armed Forces (Special Powers) Act. 1958.
11. Conclusion
The implementation of the Armed Forces (Special Powers) Act. 1958 in the North-Eastern region cannot be stalled being the internal security requirement till such time the entire region is free from the chronic terrorist problem. However, it is high time to consider for toning down of the Armed Forces (Special Powers) Act. 1958 by reviewing and amending the entire provisions of the Act by incorporating all the pronouncements made by the Supreme Court and High Courts in the Act itself so that no room is left for any member of the Armed Forces for misusing the provisions of the Act. At the same time, power given under Section 4 of the Act should be limited to the Commissioned Officers or Gazetted Officers of the Armed Forces only. A special provision should also be incorporated in the Act as is done under Section 58 of the Prevention of the Terrorism Act, 2002 for punishment and compensation for malicious action against any member of the Armed Forces who exercise powers corruptly or maliciously knowing that there are no reasonable grounds for operating under the said Act. — Concluded
(This article was first published in the Academy Journal of the National Police Academy)
Dress code of northeast girls for capital cops’ failures By Oken Jeet Sandham
(OPINION) The recent statement of Virender Kumar, Vice Principal of the Kirori Mal College, New Delhi that salwar kameez should be a “dress code” for the northeast girls in Delhi to avoid sexual harassment is ridiculous and racial discriminatory. It is rubbing salt into the wound. The gang rape of a northeast girl by 4 car borne miscreants last month in Delhi had sent shock waves through the whole northeast people in capital and back home. There were wide spread protests in the capital and even the Parliament was rocked not because she belongs to the northeast but the nature of the crime committed and the very behavioral attitude shown by the capital cops. Had the cops taken prompt action as soon as the 2 friends of the victim informed them, she could have been rescued before the miscreants made any further advance to rape her.
The northeasterners are waiting for the dust to settle and they are yet to recover from the shocks of the highly sensationalized gang rape. But Kumar’s thoughtless statement to have a separate dress code for the northeast girls living in the national capital to avoid “sexual harassment” will have far reaching ramifications towards building up a common national character. What about those thousands of mainlanders who are staying in the northeast region? Should the mainland girls staying in the northeast region wear local dresses to avoid sexual harassment? This will in no way prevent criminals from harming them. Where is the guarantee that they are saved even if they use local dresses? Criminals are criminals and we are not arguing that rapes are not taking place on other communities or other places in the country including northeast. The miscreants after gang rapping the girl had even come back and dumped her to the place from where she was initially abducted after about 2 hours. This had clearly shown the complete insensitiveness of the Delhi cops to the gravity of the crime. And this very attitude of the cops had inflamed the northeasterners and the northeast MPs had to rock the Parliament to question the motives of the cops’ attitudes that made a mockery of the laws of the land. Violence against women is prevalent everywhere in this country. There are law enforcement agencies to prevent such crimes but they alone will not be able to solve this scourge. The people’s cooperation is crucial in eradicating this menace.
We have seen how the Naga people have quickly reacted when a Keralite lady teacher was brutally raped and murdered. It was the youth of the Mezoma village of Nagaland who had caught the rapist and handed over to the Police. The Naga people, in a huge public rally organized in protest against the rape and murder, had expressed their solidarity with the Malayalee community living in Nagaland. Powerful Naga Students Federation, Naga Mothers Association, Angami Women Organization are among others which had come out strongly against the heinous crime committed to the Keralite lady teacher. We believe that unless people come forward in rooting out such social evils, only law enforcing agencies will not do. And when the people are active in their drive against the crimes, the Police cannot remain a mute spectator though they are supposed to be the protectors of the citizens. They will be forced to dispense their bounden duties. In Manipur, rapes happened but it has reduced drastically over the years because underground people used to award harsh punishment to the rapists. The local populace has taken stern actions against those involved in raping. The nation had witnessed how the Manipur people put up unprecedented violent protests when the Assam Rifles jawans raped and murdered a Manipuri lady, Th Manorama. The people, wherever they are, should change their mindset. If any crime is perpetrated to the people of the northeast in other parts of the country, the support of the local populace is essential. They (northeast people) should not be taken as outsiders. The people irrespective of their caste, creed, and religion should collectively fight against the ineffectiveness of the law enforcement agencies. And for the failure of the law enforcement agencies, the northeastern girls should not be made a scapegoat and imposed to wear “slawar kameez” as a dress code to avoid “sexual harassment.” This kind of social segregation on racial lines will rather bring serious implication towards building up national character and undermine the very beauty of this country---“Unity in Diversity.” Such imposition is also against the very basic secular credentials of our democratic set up. Besides this will alienate the northeast people further from the mainstream.
Talks with Centre today UPDS hopes high on ‘Karbi state’ From our Staff Correspondent
SHILLONG, June 12: On the eve of the negotiations between the Centre and the UPDS today, the UPDS accused the Government of Assam for the delay in the creation of a separate Karbi State. The rebel group maintained that it will not compromise on the issue. Talking to The Sentinel, UPDS joint secretary Wojaru Mukrang, who is leading a seven-member delegation to New Delhi, said that if a positive recommendation is dispatched by the Assam Government, the Centre will take only ten days to announce the creation of a new Karbi State. Lamenting on the retardation of the peace process, Mukrang said, "The Government of Assam not only took three years to send the recommendation sought by the Centre, but had also submitted negative reports on the demand." Maintaining a firm stand on their demand for a new Karbi State, the UPDS hoped that "the Centre will accede to the long-pending desire of the Karbi populace".
Deka for dialogue with ULFA, keeps silent on AXX role From our Correspondent
CHABUA, June 12: President of the Axom Xahitya Xabha Kanaksen Deka has stressed the need for solving the ULFA problem through dialogue. He said that if the people of Assam want a separate State, he has no objection to it. He, however, declined to comment on Xabha’s role in solving the ULFA problem. Deka was participating in an interaction programme organized by the AXX here recently. Urging people to follow Assamese culture and the language in their day-to-day life, the senior journalist of the State apprehends that the Assamese culture will lose its popularity, if every Assamese fail to realize the impending threat on the language soon. He also spoke on the initiative of the AXX to popularize Assamese language among the commoners.
Participating in the programme, Tarun Gogoi, Principal (In charge), DDR College, promised to supply 100 valuable book to Hamder Tarakyat Narayan Ghatowar Memorial Trust for the benefit of the young generation. Jatin Neog, president of Chabua unit of the AXX, representatives of the AASU, the Chabua Nagar Samity, the Chabua Mahila Unnayan Mancha, the Chabua Lekhika Samaroh also took part in the programme among others. It may be mentioned here that Deka along with 19 other meritorious students of Chabua were also felicitated during the programme.