ES Reporter

ITANAGAR, May 13: In a landmark decision, the Gauhati High Court Division Bench dismissed the PIL filed by Amal Kumar Chakma and others for enrolment in the electoral roll of Chakma-Hajong under Arunachal Pradesh Panchayati Raj.
Speaking to the media, Legal Advisor AAPSU, Advocate Marto Kato informed that after at least 33 hearings, on May 10  last, the court passed the judgment to dismiss the PIL (No.20(AP)/2017). Kato also informed that the court has ruled that the issue of Indian citizenship of Chakma –Hajong by birth or not is still pending in the Supreme Court and the same is sub-judice.
Elaborating on the court’s order, he also added that, as per the order Article 19(1)(e) is applicable only to the citizens of this country and Article 19(1)(d) & (e) are not available to foreigners. Moreover, the right to settle anywhere, is not available to the Chakma-Hajong Refugees, as per section-3 of the Foreigner Act, 1946, Clause-9 of the Foreigner’s Order,1948 and Section-6A of the Citizenship Act, 1955.
Kato further added that the court in its judgment asserted that the tribals of North Eastern States are historically protected tribes, as per the provision of the law under Part X of the Constitution of India. There is a likelihood of the protections granted to the indigenous native tribal people of the state being diluted and absence of representative capacity, the Court is not inclined to grant any relief to the petitioners in the PIL.
Moreover, the Chakma and Hajong are settled in at least 46 villages of  Changlang, Namsai and Papum Pare districts and these villages are not notified by the state government. Therefore the court in its judgment stated "the declaration /notify of 46 Chakma and Hajong villages in Changlang, Namsai and Papum Pare is legislative duties and powers." The Divisional Bench has held that no direction can be issued to the government in the discharge of its Legislative duties.' As per Sec-2(XVII) of the 1997 Act, it would be the prerogative of the government to declare an area recognized to be a village, Kato said.
"It is a landmark decision and a big win for the All Arunachal Pradesh Students' Union" said President AAPSU (Caretaker), Hawa Bagang and urged the State Election Commission to delete the electoral roll of Chakma-Hajong if enrolled anywhere in the state. We have already filed an objection against the enrolment of Chakma-Hajong in the electoral roll, so it's high time the state government takes prompt action, he added.

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Kenter Joya Riba

(Managing Editor)
      She is a graduate in Science with post graduation in Sociology from University of Pune. She has been in the media industry for nearly a decade. Before turning to print business, she has been associated with radio and television.
Email: kenterjoyaz@easternsentinel.in / editoreasternsentinel@gmail.com
Phone: 0360-2212313

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