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04/23/2012: "Ceasefire under fire By Oken Jeet Sandham Asian Tribune -"

Ceasefire under fire By Oken Jeet Sandham Asian Tribune -

It was not comfortable to read the news that the Assam Rifles violated ceasefire ground rules. But the quick admission of that by the Chairman of the Cease Fire Monitoring Group (CFMG), Maj Gen (Retd) N George is appreciated. Let us discuss why we should protect peace.
When the Government of India declared ceasefire with the Federal Government of Nagaland (FNG) on September 6, 1964, there was mix-response. The Naga people had overjoyed because that was the first ever ceasefire declared between the Government of India and FGN. This ceasefire was a hard earned one and prominent Indian political leaders, Naga leaders and even foreigners were thickly involved in the making this historic and unique ceasefire.
It may be mentioned that Nagaland Baptist Church Council (NBCC) was key in effecting this unique ceasefire between the Government of India and the FGN. They had set up Nagaland Peace Mission with renowned persons like Jayaprakash Narayan, a Sarvodaya leader, Reverend Michael Scott, a British citizen and Bimala Prasad Chaliha, the then Chief Minister of Assam as members.
The church leaders persuaded the Government of India to halt their military operations for eight days in four villages. During this period, the church leaders along with Rev. Michael Scott visited FGN leaders and discussed the importance of having ceasefire with the Government of India so as to start political talks for finding solution to their issue. The FGN leaders verbally conveyed their willingness to have ceasefire with the Government of India. That was how things were shaped to reach a logical conclusion for striking an official ceasefire between the Government of India and the FGN.
Following the ceasefire between the Government of India and the FGN on September 6, 1964, political talks started within a few months. The primary objective of this historic ceasefire was to create an atmosphere to find an honorable solution to the Indo-Naga political issue. Talks were held at various places in Nagaland like Chedema, Khensa, etc. And finally it was elevated to the Prime Ministerial level. Prime Minister Indira Gandhi and Naga delegates led by Ato Kilonser (Prime Minister), Gughato Sukhai held talks at New Delhi.
In the 6th round of talks in October, 1967, between Mrs Gandhi and Sukhai, the talks broke down. Later, the Government of India had unilaterally abrogated the ceasefire in August, 1972. In spite of the breaking down of the historic ceasefire, the FGN still observes this “historic Indo-Naga ceasefire” annually on September 6.
It was very interesting to see how the 8-year old ceasefire and the subsequent talks could not go beyond sixth round. Most interesting part was why the Government of India, after few months of granting Nagaland statehood, had to declare official ceasefire with the Naga underground group. After few months of the declaration of the historic full-fledged “Nagaland Statehood” on the basis of a memorandum submitted by the then Naga People’s Convention (NPC), Delhi declared ceasefire with the FGN.
On one side, India had to see the nascent State’s wellbeing and security, on the other they had to deal with the Naga underground leaders to see that their first ever ceasefire was maintained and talks followed. After eight years, the Nagaland State survived, while the talks with the FGN broke down. Violence reared its ugly head again leading to the signing of the infamous Shillong Accord of 1975. The Accord, unfortunately, became the bond of contention among the leaders of the NNC. Some influential leaders broke away from the NNC and formed the NSCN in 1980. Again this split into two in 1988---one headed by Isak Chishi Swu and Th Muivah and the other by SS Khaplang and Dally Mongro.
It took 33 years to have another ceasefire with the Government of India.
It was on July 25, 1997, the Prime Minister IK Gujaral announced in the Parliament that the Government of India entered into a ceasefire with the NSCN (IM). At home, we were all taken aback when the Prime Minister announced the ceasefire with the NSCN (IM). The ceasefire declaration copy signed by NSCN (IM) Chairman Isak Chishi Swu was received by only one paper in Nagaland---“The Daily Review, Kohima”---edited by Mhiesizokho Zinyu. Few of us in the media did not know what to do thinking whether the ceasefire document was correct. We along with the Zinyu rushed to the Chief Minister’s official residence to meet him and confirm whether the ceasefire was really done.
SC Jamir confirmed it and also simultaneously declared from his side about the suspension of operation against the cadres of the NSCN (IM) with immediate effect.
The NSCN (IM) was arguably the most powerful insurgent group when the Government of India struck a ceasefire with them. Yet to come to a complete cessation of clashes between the security forces and the NSCN (IM) cadres, it took time and a lot of mechanisms and diplomacies were needed because, naturally, it would be quite difficult for the people, who spent most of their lives in jungles, to suddenly come out in public.
One thing we all should understand is the ceasefire with the Government of India simply didn’t happen. In order reach such a costly stage, so many stakeholders played their parts. You need to build a bridge of understanding through various channels. Who believed that Isak Chishi Swu and Th Muivah would be coming to Nagaland one day and have free interactions with their people? But it happened.
Successive Prime Ministers like Rajiv Gandhi, PV Narasimha Rao, Atal Bihari Vajpayee and their close confidants had immensely contributed their shares to reach this stage.
It has been fifteen years that the NSCN (IM) and the Government of India have been maintaining their truce and there have been over 60 rounds of talks during this one and half decades. Also the Government of India declared ceasefire with the NSCN (K) in 2001. (Now it got split into two---one, GPRN/NSCN, headed by Khole and Kitovi Zhimomi and other, NSCN (K), still by SS Khaplang). But even after this development, the Center declared that they continued to maintain ceasefires with both of them.
Everyone is restless and frantically thinking that solution to the longstanding Indo-Naga political issue would come anytime, may be less than a year.
After 65 years of struggles, we need to show now an exemplary maturity to the world that we can still go extra miles to find solution and the size is not the matter. The world is fast changing and actually military concept may not be that relevant for a country’s health after some years. It’s going to be a technological fight rather.
There is mutually agreed upon ceasefire ground rules and, of course, we have seen charges and counter charges of violations of the ground rules by the cadres of the NSCN (IM) and also by the jawans of the Assam Rifles. Such issues are normally discussed during the meetings of the Cease Fire Monitoring Group and they managed to thrash out differences, if any, during such meetings. And the present issue should also be tackled in the similar fashion. At the same time, provocative statements should be avoided as far as possible and both parties should exercise maximum restraint for the larger interest of the peace in the region. Civil societies should rather, instead of issuing provocative statements, try to step in and educate the party in wrong side not to repeat because we should not allow any party to destroy peace which is very costly.
Let us not fire the “ceasefire,” without which, talks cannot be held. And if talks are not there, then peace will never come. They should know that in constructing this costly peace, thousands of people lost their valuable lives.
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Tension peaks in Nagaland OUR CORRESPONDENT The Telegraph
Kohima The standoff between security forces and the National Socialist Council of Nagalim (Isak-Muivah) reached a new high today with the rebel outfit alleging that the former had tortured one of its senior military commanders to death in Arunachal Pradesh.
In a release issued today, the NSCN (I-M) alleged that 19 Assam Rifles jawans had arrested Captain Yaomi, a resident of Manipur’s Ukhrul district, from Holom village in Arunachal’s Tirap district on April 20 and had subsequently tortured him to death. His body was allegedly dumped in Khonsa district hospital.
“Ceasefire and human rights violations in the hands of the notorious Assam Rifles is happening not only in Nagaland but elsewhere also,” the release said.
It said Yaomi was not feeling well and was about to move out of the village when Assam Rifles jawans arrested him. He was allegedly unarmed at the time of arrest.
The release said there was no doubt that it was a case of custody death. “His body was brought to Dimapur today with help from villagers of Holom. After conducting condolence services, the body was sent to his native village at Tanrui in Ukhrul,” the release added.
It said NSCN (I-M) members and civil society groups paid rich tributes to the slain rebel, who was posthumously awarded the rank of major. On the other hand, NSCN (I-M) refused to release the arms confiscated from the “arrested” Assam Rifles jawans, escalating tension inside the state.
But according to ceasefire monitoring group chairman Maj. Gen. N. George, security forces were willing to release the weapons confiscated from NSCN (I-M) functionaries in the past. The outfit has alleged that security forces had seized huge quantities of arms and ammunition from the outfit since 1997, the year it declared truce with the Centre.
Security forces have imposed a virtual blockade on the outfit’s designated camps after the latter had “arrested” and subsequently released five Assam Rifles jawans on April 19. People are also not being allowed to carry foodstuff while passing near the camps.
Security forces also busted an NSCN (I-M) ammunition dump at Sokhuvi village last evening and arrested four persons.
No respite in AR-IM tension Imphal Free Press
DIMAPUR (Newmai News Network), April 22: The stand-off between the Assam Rifles and the NSCN-IM completed four days today with no sign of easing the tension.
According to a well-placed source, the main problem at the moment between the Assam Rifles and the Naga outfit which has kept afloat the present quagmire concerns the weapons in their respective custody seized from the other.
The Assam Rifles demanded that the service weapons confiscated by the NSCN-IM from the five Assam Rifles personnel near camp Hebron be returned while the Naga outfit retorted that it would only reciprocate after the weapons seized from the Naga militants in the last few days by Assam Rifles are returned.
However, the same source disclosed to Newmai News Network tonight that the matter is being discussed now “at the higher level” in New Delhi.
Meanwhile, the NSCN-IM alleged today that one `captain` of the Naga outfit had died after the Assam Rifles tortured him in Arunachal Pradesh. The NSCN-IM `captain` has been identified one Yaomi, from Ukhrul district of Manipur. Taking serious note of the incident, the NSCN-IM said tonight that the ceasefire violation and human rights violation in the hands of the “notorious” Assam Rifles is happening not only in Nagaland but elsewhere also.
“On April one Capt.Yaomi of NSCN was picked up by the personnel of the 19 AR from the jungle in Holom village in Tirap district and tortured to death and his lifeless body dumped in Khonsa district Hospital. Yaomi was not feeling well and was on the way to move out from the village when the Assam Rifles troops caught him from a jungle hut (Khola). He was without any weapons on his body. There is nothing to doubt that the case was purely a custodial death,” alleged the NSCN-IM.
The NSCN-IM captain`s body was brought to Dimapur with the help of the villagers of Holom and after conducting condolence service the body was sent off to his native village at Tanrui in Ukhrul.
“Members from NSCN and others from the civil societies paid rich tribute to him.
Capt Yaomi who was posthumously given the rank of major died in a far off region of Nagalim in Arunachal Pradesh in the hands of 19 Assam Rifles and he remained committed to the cause he had avowed to defend till his last breath”, the NSCN-IM`s condolence message said before adding, “Certainly, major Yaomi`s name will be recorded and given a place of honour in the Naga history for the service rendered for the Naga nation. May his soul rest in peace and may God comfort his family members at such hour of grieve and sorrow,” it further said.
Centre still lacks clear-cut policy R Dutta Choudhury Assam Tribune
GUWAHATI, The Government of India is yet to formulate a clear-cut policy for a permanent solution of the problem of militancy in Nagaland and talks with the National Socialist Council of Nagalim (I-M) have not yet reached a conclusion. On the other hand, fratricidal clashes among militant groups under cease-fire agreement in Nagaland have become a matter of serious concern.
Highly placed official sources told The Assam Tribune that the progress of talks with the NSCN (I-M) slowed down yet again because of the failure of the Government to formulate a clear, cut policy on what it can offer the militant outfit, and no immediate solution is in sight.
Sources said that the Government of India had informed the states concerned Assam, Arunachal Pradesh and Manipur informally that there was no question of formation of a “supra state” as reported. But the issue was discussed again during the last round of meeting with the leaders of the NSCN , which raised doubts on whether there is proper coordination between the Government and the interlocutor on the issue, sources added.
Recently, the NSCN had problems with Assam Rifles personnel in Nagaland and the issue is yet to be settled. Giving details of the incident, sources said that on Thursday last, six Assam Rifles personnel strayed near the Habron camp of the NSCN and they were detained by the cadres of the outfit. After the Assam Rifles put pressure on the NSCN leadership, the security personnel were released but the NSCN did not return their weapons. Now the Assam Rifles personnel are in a fix as losing of the weapons would affect the careers of the personnel concerned.
Earlier also, the NSCN had problems with the Assam Rifles over construction of a war memorial by the militant outfit. On the other hand, fratricidal clashes among different militant groups are a matter of concern and last year, around 50 persons, mostly members of the NSCN (I-M) and NSCN (K) were killed in such clashes. Sources pointed out that members of both factions of the NSCN are moving around with weapons in clear violation of the ground rules of the ceasefire agreements, which resulted in deterioration of the situation.
The Ministry of Home Affairs (MHA) warned the Nagaland Government to deal with the situation and to take effective steps to stop such clashes, but sources admitted that it would be difficult for the State Government to deal with the militant groups till the Centre decides to act tough to deal with violation of ground rules.
Army vows to bring peace to Nagaland Times of India
KOHIMA: The Assam Rifles has assured the people of Nagaland that despite the provocations and false allegations against them, peace shall prevail in Nagaland. "Assam Rifles is committed to preserve the peace and harmony in the state and the people of Nagaland must realize that the hard-earned gains made in the ongoing peace process cannot be lost at any cost. We have come too far to retrace our footsteps," a statement issued by IGAR (N) PRO stated.
The statement added: "Though the current impasse has been enforced upon us, we shall continue to conduct our operations in a rightful manner so as to live up to our motto of being 'friends of the hill people'. As in the past, our current and future actions shall cause no hindrances or disrupt the lives of the common law-abiding citizens of the state. Life in Nagaland shall and must continue as normal."
GOVERNMENT OF THE PEOPLE’S REPUBLIC OF NAGALIM
Ministry of Information & Publicity Press Release
23th April 2012

ASSAM RIFLES INTENSION INTO NSCN CHQs

Whatever have been and will be said or written about the 19th April, 2012 incident at Hebron, the Council Headquarters of NSCN, it was actually an outrageous trespass of the Notorious Assam Rifles to the NSCN Camp. No amount of excuses or explanations by the Assam Rifles and other Indian government agencies can justify or cover the crime. It was a flagrant violation of Cease-fire ground rules and the spirit of the widely known Cease-fire agreement between the NSCN and the GoI. It was a planned and deliberate act of provocation.

The Assam Rifles are the instruments and the real actor was / is either the GoI or the Indian Army top establishments which have dangerous differences with their Government. Undeterred betrayal actions of Assam Rifles clearly indicate that there is a powerful back-up from the so-called High Command. In the midst of 14 years of political dialogue, these crimes had been committed from the Indian side. Such actions show how GoI is sincere and committed as per their words. As a big nation like India stooped to such a low standard which is fighting for a permanent member in the UNO security Council??

In Such a deepening crises when anything can happen, the so-called Chairman of the Cease-fire Monitoring group, Maj.Gen.George awkwardly trying to shy away his neutral and unprejudicial responsibilities. Much more, Nagaland state as a powerful unit in the India Federation, and the government which holds the law and order subject is maintaining deadly silence. The NPF Government in Nagaland boastfully claims as a facilitator in the peace process between the NSCN and the GoI. But during such crisis and uncertainty what is the Nagaland State government doing? The NSCN is a political group only. But the dangerous consequences are threatening the entire population of the Nagas. So that Naga people may ask the reasons why the State Government does not raise a voice in such a critical situation? If any undesirable situation is created from today’s crisis, the Government of Nagaland state should be squarely blamed by the Nagas.

More than 95% Nagas desire freedom from want and oppressions. They have witnessed how GoI and its leaders are acting in political dialogue and the April 19th 2012 incident at Hebron is a good lesson for all the Nagas. The other factions are talking about political dialogue with India, but they will certainly experience the same insincerity and false diplomacies from the GoI. The said incident should be an eye opener for all sections of the Naga people. The system of dictatorship and authoritarianism, oppression and suppression is speedily losing ground from the face of the world. The Nagas are united in our desire for freedom and dignity of life. Therefore, let us again unite as before and fight with whatever is available at our command. Let us not loss heart but be strengthen with difficult situations we are facing now.

From today’s incident Naga people have learned the real intention of India and so we should get prepared for any eventualities.

Issued By: MIP
Press Release 23rd April 2012

If the goodness of ceasefire is to be realized the history of Indo-Naga conflict that started in 1950s should be studied from close angle to learn something. Thousands of Nagas died in the hands of the Indian armed forces after the first bullet was fired against the Nagas. Many Nagas dared to face bullets resisting the occupational forces. But what comes last to their mind is to surrender themselves and their political rights to India. Many brave commanders from Indian side also died while trying to force the Nagas to their knees. Divide and rule policy was also effectively used to weaken the resisting power of the Nagas particularly after the formation of NSCN. The focal point of attack became the NSCN led by Isak Chishi Swu and Th.Muivah. Mufti-prong attack was organist against NSCN. But everything proved futile as NSCN refused to be cowed down under any pressure/ A time comes when Army Generals of the mighty Indian armed forces
surrendered themselves to the reality that to solve the Naga issue is not going to come out of military intervention but only through political negotiation. This point was repeatedly enlightened to their political masters. The wisdom of signing the historic ceasefire in 1997 is based on this background where the practical wisdom of the Army Generals prevails.

The 1997 ceasefire was therefore signed with much hope and aspiration by both NSCN and the Government of India. It turned out to be ceasefire that has come for the second time in the history of Indo-Naga conflict. The first ceasefire backfired on the issue of sovereignty during the Indira Gandhi regime.

During the talks held as many as 85 times the issue of sovereignty continues to be discussed, mainly on the aspect of the interpretation of Naga sovereignty. Taking cognizance of the recognition given to the unique history of the Nagas in 2002 in Amsterdam talks the Prime Minister of the India Manmohan Singh promised the NSCN negotiating team that he will go extra mile to solve the Naga political problem during his time. He kept assuring the NSCN to take his words seriously. The Home Minister Chidambaram was also not far behind in assuring the Nagas in similar tone.

However, what is to be observed is that whereas the Nagas' hope is being kept alive in such manner the hands of Assam Rifles troops are being stretched out in doing something that is never in conformity with the big promises emanating from these political leaders. This has become the crux of the issue and stalemate that follows after the illegal intrusion of the 29AR into forbidden zone of Hebron Designated Camp testifies the destruction done by AR when the Indo-Naga political talks enters the crucial stage.

Issued by
MIP/GPRN.
Stage set for lasting solution at Jessami Imphal Free Press |

Chingai MLA MK Preshow Shimray accompanied by police and civil authorities during the survey tour on Sunday.
IMPHAL, April 22: Tension along the Manipur–Nagaland border subsided with Chingai MLA MK Preshow meeting people from both sides on Saturday.
The local MLA today made a survey tour of the Akash Bridge and the disputed area along with the DC in charge and SP of Ukhrul district.
He later said in a public meeting that a lasting solution to the issue will be brought during a string of meetings between authorities of the two states at different levels. The meetings in all likelihood could be held in May, he added.
The local MLA was accompanied by IGP (LO-III) Asutoshkumar Sinha, Ukhrul SP K Kabib, Ukhrul DC in charge T John, Commandant 6th Manipur Rifles, Jessami Village Council chairman Eyete Wezah, other local leaders and media persons during his visit to the disputed area.
Speaking to media persons at the end of the tour, the MLA elaborated that his arrival with a huge contingent of armed security forces in Jessami yesterday secured the villagers who were terrified by the recent disruptions following incursions from the Nagaland side.
He further elaborated that CrPC 144 has been imposed around the disputed area which has been already intimated to both sides of the border. Meluri villagers have also been intimated that anyone found on the Akash bridge with weapons will also be arrested and punished under the law.
Meanwhile, Jessami Village Council chairman Eyete Wezah while acknowledging the presence of ancestral lands of the two villages on both sides of the border told media persons that even though the Akash bridge acts as the official border of the two states, the then DC Naga Hills Dr JS Hughton in 1924 had erected a stone on the side of Manipur at Tebuno Melu (hill) acknowledging it as a conventional border for the two villages.
Since then the two villages have acknowledged the stone as the border in a peaceful manner until recently when the Jessami villagers decided to cultivate a piece of land on their side of the stone, he added.
The Meluri villagers were angered without any instigation from the side of the Jesami villagers, when the Jessami villagers cultivated the land with maize, he added.
Meluri villagers destroyed the cultivation leading to the recent tension, he added.
Citing that Meluri villagers have been taking undue advantage of the absence of armed security forces in the area, the village council chairman appealed to the government for establishment of a MR post in the area.
He also appealed the government for a proper hospital at the area, improvement of roads and transportation.
He added that there is no public transportation connecting Jessami directly to Imphal, which is about 200 kms only.
The MLA further attended a public at the Jessami Village ground after the survey tour.
He made his observation during the meeting that even though an SDPO office at Jessami had already been upgraded, due to inadequate personnel, the SDPO himself has been operating his office from Ukhrul headquarter. The problem of inadequate security in the area can be easily solved by increasing the personnel at the said post, he added.
He further observed that the state government should consider the issue at hand seriously as it could snowball into something really big if it is not checked in time.
However, he added, both the Chief Minister and Home Minister have always responded positively whenever he has urged them on the issue, though due to the present ministry expansion issue, the two state heads couldn’t personally interact with the people at the time.
The CM has himself assured to take up the issue with his Nagaland counterpart at the earliest to bring a lasting solution to the issue, he told the public meeting.
The MLA further convened a separate meeting with the IGP-LO, CO 6th MR and Ukhrul SP on the issue of security for the area.
The MLA also donated a sum of Rs 50,000 to the village council.
Yesterday’s meeting during which the issue was brought to an understanding was held at the BSF camp, Lanye.
It was attended by Deputy Commissioners of Ukhrul district in Manipur and Phek district in Nagaland, SP Ukhrul, Commandant 6th MR, Addl SP Phek, ADC (HQ), ADC Meluri, SDO (C) Phek (HQ) EAC (Pki), SDPO, SDC Jessami, Company Commander ‘A’ coy BSF Lanye, PPF and Tangkhul Naga Long.
The meeting had decided that there will be no movements of Meluri village guards with arms, no frisking or harassment of passengers bound for Meluri Jessami villagers and that the two Hoho’s i.e Pochuery Public Forum and the Tangkhul Naga Long to have a consultative meet and visit the spot on May 3.
Of boundary disputes and SRC: Not a dispute, an intrusion - The Sangai Express Editorial

A bridge connecting Jessami in Manipur to another village in Nagaland at the border - Pix :: TSE
Disputes over boundary or territories between two or more States within the Union of India is not something unique to Manipur, read Jessami, and Nagaland alone and at the last count, there were nearly a dozen or so inter-State disputes over boundaries.

The dispute between Karnataka and Maharastra over Belgaum or the Marathi speaking region which falls on the border areas of the two States is almost as old as the Union of India, when States were carved out or made under the Nehruvian concept of reorganising State boundaries along linguistic lines.

The positives and the negatives of such a approach is open to debate and can be pitched against administrative convenience but this is not central to this commentary. The States Reorganisation Commission set up in 1953 stuck to Nehru’s idea and hence recommended that the boundaries of the States be drawn along linguistic lines.

A small diversion may be in line here. The demand for Telengana State goes against the concept or approach of setting up States along linguistic lines for this demand has come more from a perceived or real sense of being deprived their right share in the affairs of Andhra Pradesh.

A point which underlines the thought process that creating States along linguistic lines does not necessarily reflect a logical handling of the matter at hand. Ethnicity or language, on the other hand is central to the Gorkhaland demand and the debate is open.

And so it stands that today, despite the State Reorganisation Commission recommending that the States be set up along linguistic lines with the State Reorganisation Act following suit in 1956, nearly a dozen cases of inter-State disputes over boundary continue to cast a long shadow over some of the 28 States of the Union of India.

Apart from the dispute over Belgaum or the Marathi speaking region falling on the border areas between Maharastra and Karnataka, there is also a dispute over Kasargod district in Kerela between Karnataka and Kerela. Dispute is also on over 63 villages in Odhisa between Odhisa and Andhra Pradesh and between Odhisa and West Bengal.

Transfer of Chandigarh to Punjab had also worked up a dispute between Harayana and Punjab some years back and as things stand today, Nagaland has staked claims over 5000 square miles which fall under Assam.

The Merapani incident in which personnel of the Nagaland Armed Police were directly involved a few decades back is one case when border disputes reached the flash point, bordering on brute violence.

While it stands true that border disputes between neighbouring States in the country are not a new development, the recent incident at Jessami on the Manipur-Nagaland border in Ukhrul district is a crude reminder of how the State Government has consistently failed to respond to the situation.

This was not the first time that armed persons from the neighbouring State had entered the territory of Manipur and pounded on the hapless villagers at Jessami and it will not be the last either. The last time such an intrusion was reported, the State Government had opened an IRB post at the border village, but for reasons which have not been spelt out at all, the IRB post has been removed, leaving the hapless villagers to fend for their own self. A case of the State Government abdicating its obligations and duties towards its citizens, nothing less.

On the other hand it stands true that it is not the police which can and should settle the issue for there is something called the civil administration, but the logic of leaving the border literally unguarded, especially when the past tells many a significant story is inexplicable.

The dispute will continue and while the truce pact inked on April 21 is welcome, it cannot be the final solution. What is stopping the State Government from taking the matter to the Supreme Court or referring to the boundaries mapped out by the State Reorganisation Commission ?

It is not only Jessami which is under dispute with Nagaland but also Tungjoy in Senapati district in the north. There may be many who may hold that ‘dispute’ is a misnomer for it is apparent that what has been happening at these two border areas is more a case of intrusion than anything else.

One cannot change one's neighbour, that is true, but this does not mean that these cases of intrusion should be looked on benignly, like an indulgent elder brother bemused by the antics of the youngsters.
India: Moving Towards the New Police State Suhas Chakma, Director, Asian Centre for Human Rights
The Government of India’s attempt to empower its security agencies with the power of arrest must not be countenanced as the same is being done by infringing the sacrosanct principles of federalism of Indian Constitution and undermining the supremacy of the judiciary. A number of bills currently being discussed in the parliament reflect the tendency to make India the new police state.
The Finance Bill of 2012-13 not only seeks to retrospectively amend the Income Tax Act with effect from April 1962 to nullify the Supreme Court judgement in the Vodafone tax evasion case but also proposes to amend Section 104 of the Customs Act, 1962 and Section 13 of the Central Excise Act of 1944 to make all offences that attract more than three years of imprisonment cognizable and non-bailable. The Supreme Court in its judgement on 30 September 2011 in the case of Om Prakash Vs Union of India ruled that all offences under the Excise Act and the Customs Act should be made non-cognizable and bailable. Obviously, Finance Minister Pranab Mukherjee has been ill-advised by the Central Board of Excise and Customs which lobbied for the amendments to circumvent the Supreme Court judgement on the ground that even those smuggling arms, ammunitions and fake currencies have been getting bail. This is despite that there are stringent provisions under the India Penal Code, Indian Arms Act, the Unlawful Activities Prevention Act and host of other legislations to sternly deal with smuggling of arms, ammunitions, fake currency etc.
The Rajya Sabha, upper house of Indian parliament, is also currently considering the Border Security Force (BSF) Amendment Act, 2011 under which Sections 4 and 139 of the BSF Act, 1968 are being amended to extend the area of operation of the BSF to include “such parts of the territory of India as are notified by the Central government”. The BSF, according to the Government, are deployed “(a) to counter insurgency operations and anti-naxal operations; (b) for internal security duties, (including duties during elections, communal riots, maintenance of law and order)”. Once the Amendments are passed, the BSF will have the power to arrest under Sections 41(1), 46, 47, 48, 49, 51(1), 52, 53, 74, 100, 102, 129, 149, 150, 151 and 152 of the Criminal Procedure Code. The sacrosanct principle of Indian federalism wherein law and order is a State subject will be withered.
At present, the Border Security Force personnel are empowered to arrest, search and seizure within the prescribed border belt which is 80 Kms in the State of Gujarat, 50 Kms in the State of Rajasthan and 15 Kms in the States of West Bengal, Assam and Punjab. No such limit has been prescribed with respect to Jammu and Kashmir and five North Eastern States of Meghalaya, Nagaland, Mizoram, Tripura and Manipur.
The Indo-Tibetan Border Police deployed along Indo-China border and the Sashastra Seema Bal deployed along Indo-Nepal and Indo-Bhutan borders have already been empowered with the power to “search, seizure and arrest” in border areas under the Customs Act, the Passport Act, the Narcotic Drugs and Psychotropic Substances Act and the Criminal Procedure Code.
The Armed Forces Special Powers Act (AFSPA), 1958, which is imposed in Jammu and Kashmir and North East India already empowers the army to “arrest, without warrant, any person who has committed a cognizable offence or against whom a reasonable suspicion exists that he has committed or is about to commit a cognizable offence and may use such force as may be necessary to effect the arrest”.
While the Central government has virtually empowered all its security forces to arrest, there is no protection for ensuring the rights of those detained by the army and the armed forces. The Guidelines issued by the Supreme Court in the case of D K Basu Vs State of West Bengal do not apply to the armed forces and the army. The army and armed forces are not required to maintain basic records of the persons arrested or detained. Further, there is no external oversight over these security forces.
The Supreme Court has also failed to address the need for protection of those who are arrested by the army or the para-military forces. In its judgement of 27 November, 1997 while upholding the constitutional validity of the AFSPA in the case of Naga Peoples Movement for Human Rights Vs Union of India, the Supreme Court held that “A person arrested and taken into custody in exercise of the powers under Section 4(c) of the Central Act should be handed over to the officer in charge of the nearest police station with least possible delay so that he can be produced before nearest Magistrate within 24 hours of such arrest excluding the time taken for journey from the place of arrest to the court of magistrate”. However, in reality, those detained by the army and the armed forces are seldom handed over to the nearest police station with the least possible delay. The detainees are mostly handed over only after interrogation. In conflict situations, once the detainees have no further intelligence value after interrogation; they are killed in fake encounters, often for the purposes of getting promotion.
The powers to arrest without ensuring the rights of those detained and/or arrested by the security forces under the control of the Government of India constitute a clear violation of India’s obligations under the International Covenant on Civil and Political Rights ratified by India. By equating customs and excise offences like duty evasion with terror offences with respect to grant of bail under the Finance Bill of 2012-13, India is setting a dangerous precedent on deprivation of personal liberty. If the Government of India continues to circumvent the Supreme Court judgement on personal liberty in such a manner and further empowers all its security forces to arrest, India will soon become the de facto police state ruled by the Centre. [Ends]