PARISTO CHAKMA Vs. STATE OF MIZORAM
HIGH COURT OF GAUHATI
STATE OF MIZORAM
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S. Serto, J. -
(1.) This is an application under section 482 of Code of Criminal Procedure, 1973 praying for quashing and setting aside the FIR Case No. 69/2017, registered under section 153-A of IPC by the Mamit Police Station against the applicant and also praying for quashing and setting aside the warrant of arrest issued by the Chief Judicial Magistrate, Mamit in connection with the FIR case vide his order dated 05.12.2017.
(2.) Heard Mr. S.R.Rabha, learned counsel for the petitioner and also heard Mr. A.K. Rokhum, learned Public Prosecutor appearing on behalf the State of Mizoram.
(3.) From the submissions of both the learned counsels appearing for the parties, the pleadings of the applicant and the contents of the case diary, it can be gathered that the facts and circumstances leading to the registration of the FIR case and issuance of the warrant of arrest were as follows;
On 14.09.2017, the Central Young Mizo Association, a social organization of the Mizos released the agenda for its 71st General Conference to be held from 17th to 19th of October, 2017 at Champhai, and in that one of the agenda as given at Agenda No. 3 under Item No. II with headings "Government related" was that YMA to take measures to legally abolish the illegally constituted Chakma Autonomous District Council. After the release of the agenda on 18.10.2017, the Mizoram Post, a daily newspaper carried a news item stating as follows;
"YMA to take measure for dissolution of Chakma Council
AIZAWL OCT 18
Amidst protest from some quarters. Young Mizo Association, the largest civil body in Mizoram resolved to take measure for abolition or dissolution of Chakma Autonomous District Council (CADC) which the organization alleged was 'constituted illegally'. The resolution of dissolving CADC was passed at the 71st General Conference of YMA being held at Zotlang in Champhai district bordering Myanmar.
"The resolution for legally abolishing CADC was unanimously passed by delegates during business session today", Central YMA General Secretary Lalhmachhuana told "The Mizoram Post". According to the resolution, YMA would take measure to abolish CADC which was constituted illegally. Earlier, Mizoram Assembly speaker Hiphei appealed to the Cenral committee of YMA to repeal and not entertain the agenda for abolition of CADC. In his letter addressed to central YMA President Lalbiakzuala, former Member of Parliament from Mizoram, Hiphei said the view that CADC was constituted illegally' was not valid as it was in fact constituted under sixth scheduled of the constitution after being approved by both houses of the parliament.
Hiphei said that abolition of CADC may hurt the sentiment of minorities in Mizoram and may likely cause disharmony among different communities of Mizoram and tarnish the integrity of the people.
Among other resolution passed at the general conference.YMA resolved to take effort for establishment of proper rehabilitation centre for addict, more seat reservation for Mizo youths in both central and state government run institutions in Mizoram and repairing and construction of better road across the state.
It also resolved to make appeal to the government to tighten security along the Mizoram-Bangladesh border.
The general conference was graced by Chief Minister Lal Thanhawla on Wednesday night. The general conference will be concluded on 19 October". Following the circulation of the above stated agenda and publication of the news item given above, a press released was made by the applicant on 19.10.2017 stating as follows;
"MCASADC condems YMA for communal resolution seeking abolition of Chakma Autonomous District Council (CADC) in Mizoram. New Delhi; The Mizoram Chakma Areas Single Administration Demand Committee (MCASADC) strongly condemns the Central committee of the Young Mizo Association (YMA) for adoption of a communal resolution seeking abolition of the Chakma Autonomous District Council (CADC) at its 71st General Conference held in Champhai yesterday.
The Chakma Autonomous District Council (CADC) was established under the Sixth Schedule to the Constitution of India in 1972 along with Lai Autonomous District Council (LADC) and Mara Autonomous District Council (MADC) in southern Mizoram. Chakma, Lai and Mara are three district minorities of Mizoram.
"By demanding abolition of the CADC the YMA is communalizing the administrative arrangements made for the minorities in the State. That the YMA is demanding the abolition of the CADC is only a ploy because if they are successful for abolition of the CADC, they will thereafter demand abolition of the LADC and the MADC. It is precisely for the same reason that the Hmar Autonomous Council is being opposed," stated Paritosh Chakma, Convenor of MCASADC.
As per anti-corruption watchdog, Peoples Right to Information and Development Society of Mizoram (PRISM), the YMA conference was funded by Mizoram's two Members of Parliament, CL Ruala (MP, Lok Sabha) and Ronald Sapa Tlau (MP, Rajya Sabha) who sanctioned Rs. 10 lakh each from their Member of Parliament Local Area Development (MPLAD) funds and Home Minister R.Lalzirliana who sanctioned Rs. 18 lakhs from the Border Area Development Programme (BADP) scheme. The sanction of government funds for the YMA conference was illegal as guidelines don't permit funding for communal activities.
"The State Government of Mizoram, Home Minister R. Lalzirliana, Members of Parliament CL Ruala and Ronald Sapa Tlau therefore cannot shirk their responsibility for funding YMA to adopt the communal resolution against the Chakma minorities. The State must not promote communalism. Otherwise, there is no other option but to make Mizoram more federal by creating separate administrative arrangements for all the minorities including the Chakma," the MCASADC in a statement said. (Ends)".;
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