STATE LAW UPDATES

Nagaland government to act against disruptors

Nagaland home commissioner Abhijit Sinha conveyed to the district administration and police officials through an office memorandum (OM) that any public gathering, meant to express views/grievances or otherwise, without prior permission of competent district authorities is illegal

The Nagaland government has decided to act against individuals, organisations and associations calling for bandhs, strikes and agitations, involving the blocking of National Highways and public roads in the state as a mode of protest to get their grievances resolved.

  • According to an official statement issued on Tuesday, Nagaland home commissioner Abhijit Sinha has conveyed to the district administration and police officials through an office memorandum (OM) that blocking National Highways and public roads is a punishable offence under relevant sections of National Highway Act 1956, the Prevention of Damage to Public Property Act 1984 and Indian Penal Code.
  • Further, in various judgments of the Supreme Court and high courts, it has also been held that bandhs and road blockades are “illegal and unconstitutional and organizers must be prosecuted”.
  • The OM has directed the district administration and police officials to “appropriately sensitise” organisations and groups having any pending grievances or have given a call for “disruptive” agitation.
  • “Further, in case of any violations… on the part of any individual, group, association, the authorities concerned should initiate appropriate action under the relevant provisions of Indian Penal Code, the Prevention of Damage to Public Property Act 1984, the National Highway Act 1956 and such other appropriate Laws depending upon the violations, disruptions, disturbances caused,” the official statement said.
  • The OM said district authorities are also empowered under law to firmly deal with those indulging in actions which violate the law or create law and order problems or disturb the existing atmosphere of peace and public tranquillity or cause nuisance and obstruction to the general public.
  • The home commissioner further stated that in some cases as a part of agitation to press for certain local demands, calls are given for disturbing celebrations of National Days or forcefully preventing law abiding citizens from participating in such celebrations and functions.
  • “It may be stated here that any forceful act with intent to disturb the celebrations of the National Days is illegal and a serious offence and the culprits are liable to be prosecuted under relevant sections of law,” he said.
  • A senior official told The Telegraph that the move was not prompted by any incident during the celebration of Independence Day, which was celebrated across the state on Monday.
  •  “There was no disturbance yesterday but there were some calls for agitations made close to Independence Day which could have led to disturbances. However, they were eventually called off. This OM takes into account such instances over a period, not only the very recent ones,” the official said.

Sinha has stated that any purported grievances for any agitation should be brought to the notice of, and pursued with, the concerned government authority for appropriate action. Any public gathering, meant to express views/grievances or otherwise, without prior permission of the competent district authorities is illegal, the OM said.

Source : The Telegraph

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