I have done my job alerting CM: Mukul

Staff Reporter

Shillong, Sept 20: Opposition AITC leader and former chief minister Mukul Sangma today said he has done his job by alerting the chief minister Conrad K Sangma with regards to the drug kingpin from Mizoram. According to him, it is now up to the chief minister to take cognizance of the matter.

This came after Assembly Speaker Thomas A Sangma had expunged Mukul’s statement alleging Conrad of having a close association with a drug kingpin from Mizoram. Mukul had on Tuesday presented a photograph of Conrad, his wife and Henry Lalremsanga, who was arrested on April 23, 2013, in connection with the seizure of Rs six crore worth of banned pseudoephedrine tablets.

Speaking to reporters, Mukul claimed that in fact, he had been quite helpful in alerting the chief minister by giving him this kind of information (about  Henry), lest he might have not seen that news (published in 2013).

“Why should it be considered offensive? I’m sure everybody who knows the gentleman also will agree with me that I have come to know yesterday after I shared this vital Information in the August House that the person concerned whose picture I have shared is somebody who frequents the state,” he said while adding “Therefore, my job is done now. It is his (Conrad) job to utilize his wisdom and judgment.”

The former chief minister however expressed surprise to see how the government was navigating the whole narrative and defensive they have suddenly become accusing him instead of pointing a finger at the chief minister.

“I never said he (Conrad) he has a nexus but I have definitely say that the person concerned who have the privilege of sharing in that sitting arrangement in one of the very important program at the national capital is reflective of his mutual association with the person concerned,” he said adding “I am also told that yes this association is part and parcel, so therefore I am again in the House today I have said, yes my job is to caution you, I think now it’s the people who should tell him in addition to what I have said.”

He further added, “In yesterday’s proceedings, I have cautioned and I have advised the CM to see that he disassociate (with Henry) so that is my advice and I have also said, I’m sure you won’t get offended because I am suggesting that the chief minister should be disassociate his association since in view of what was carried by the national media. I feel that he should.”

On CM asking him to do research on the status of the case against Henry, Mukul however said, “That is my prerogative and it is also his (CM) responsibility to find out. He should rather go after the man and find out what exactly has happened to the case and is he still in any way directly or indirectly associating with other friends because it is not only one person along with that person there’s other persons from Delhi, whether they are still in those kinds of activity or not. It is up to the CM, he has all the ways and means to find out, he can just write to the government of India to the concerned authorities and find out.”

“I have said to put a scanner in view of what is happening. How do you interpret it? This interpretation is simple: any layman will understand what Dr. Mukul Sangma has suggested,” he stated.

AIM against gambling in melas

The Awakening Indian Movement (AIM) has sought the intervention of the deputy commissioner of East Khasi Hills district to ensure a blanket ban on gambling at melas being organized by different agencies.

Speaking to media persons, chairman of AIM Bansharai Marbaniang said that many people from other part of the country come to Meghalaya to host various kinds of melas, however these melas have games that encourage gambling with money which is detrimental and have a negative impact on the welfare of the people.

Marbaniang alleged that melas throughout the country are being held in order to provide entertainment to all citizens where they can experience happiness especially for children, students, and youth but at present melas in Meghalaya are being held with gambling which have detrimental and a negative impact on the welfare of the people.

“During our visit to the mela held at the Parking Lot outside Polo Ground in Shillong, the mela hosted various gambling activities with money and young people and students in uniform participated in various gambling games” said Marbaniang.

Marbaniang said that AIM is not against organizing melas in the state, however it stands against the act of gambling that is being held at the venues hence the AIM sought the intervention into this matter.

Conrad inspects upgrade of JN stadium

Meghalaya Chief Minister Conrad K Sangma on Wednesday inspected the ongoing renovation, up-gradation and expansion of the Jawaharlal Nehru Stadium at Polo in Shillong.

The renovated stadium would include a football ground with natural grass turf and also a state-of-the-art facility for hosting track and field events.

Laying emphasis on the quality of the construction, the Chief Minister informed that the highest quality standards are being maintained and once ready will be fit to host international sporting events.

“The entire arrangements and the way the work is going on, we are going to meet the FIFA standards and this particular stadium and the football field will be at par to host any international games in the future”, he said.

“Apart from this, the stadium will have full facilities for athletics and the quality that is being maintained here for the track and field is also top of the line”, he added.

The Chief Minister the renovated stadium will have a seating capacity of close to 30,000 and will be completed by the month of December this year.

Adjacent to the Football Stadium, a multipurpose indoor stadium is also being constructed.

The Chief Minister informed that it will be the largest multipurpose indoor stadium in the Northeastern region. The indoor stadium will have facilities for different disciplines such as basketball, squash, badminton, table tennis, volleyball, etc.

Expressing his happiness at the progress of the work, the Chief Minister was optimistic that once the state-of-the-art facilities are completed it will provide an opportunity for the youth of the State to excel in the respective field and sporting disciplines.

During his visit, the Chief Minister also inspected the football field located at the first ground Polo. Necessary upgrade and expansion are being carried out to improve the ground with the laying of an artificial turf and the construction of new stands.

Stating that the youth of the State are passionate about football, the Chief Minister said that the Government is in the process to identify local practice grounds across the State and take steps to upgrade and improve the selected grounds for the benefit of football lovers.

“The Government has decided that we are going to take up different locality fields and football grounds in all parts of the State where our youth normally play football and in collaboration with the community and the local leaders we would want to upgrade these grounds with better facilities”.

“We are already surveying Shillong city and we have identified five locations where we can potentially lay these astro turfs. With this intervention we are expecting that a large number of astro turf football grounds will come up, where our youth can practise, have matches. That will be one of the steps towards ensuring that we are able to bring out the talent and give the opportunity for the youth who are passionate about football”, he said.

The ongoing construction of an Integrated Hospitality and Sports Complex at JN Stadium is at a cost of 125 crore, while the upgrade of JN Sports Complex Phase I is at a cost of 34.75 crore, while the upgrade of Phase II is 18.2 crore and the upgrade of SSA ground at 14.81 crore.

The integrated sports complex will comprise of 700-seater Multi Sports Hall, Convention Hall that can house 12 badminton courts, an independent Banquet hall with a dedicated kitchen facility, 200 seater Basketball or Futsal Indoor Sports Hall,  Indoor Sports Hall for Squash (2 Nos.) and Table tennis (10 Nos.), 10 M and 25 M Shooting range.

Court denies Dorphang’s plea for leniency

Dismissing the appeal for leniency filed by former Independent legislator and rape convict, Julius Dorphang, the Meghalaya High Court said the “society at large owes a huge apology to the brave young survivor for having failed one of its most precious and tender.”

Dorphang, a former militant leader of the outlawed Hynñiewtrep National Liberation Council, was convicted and sentenced to 25 years of rigorous imprisonment and a fine of Rs.15 lakh by a trial court for raping a minor.

The convict appealed for leniency on various technical grounds.

“The term of imprisonment of 25 years as awarded by the trial court by indicating cogent reasons therefore, does not call for any interference,” a division bench comprising Chief Justice Sanjib Banerjee and Justice Wanlura Diengdoh said.

“At the time of the commission of the repeated acts of rape on the same woman in Umiam, the appellant was about 52 years old. By imposing a sentence of 25 years of imprisonment, the trial court has ensured that by the time the appellant is let loose again in society, his libido would have been sufficiently lessened by age and adequately chastened by the punishment. He (Dorphang) will then no longer be able to unleash his lust or indulge in any further virile bravado,” the bench noted.

The court further ordered that the convict would have to pay a fine of Rs. 15 lakhs failing which he would have to undergo an additional five years of rigorous imprisonment.

“If the appellant does not pay the fine and serves a further five years of rigorous imprisonment, the state will make over the equivalent amount of Rs.15 lakh to the survivor,” the Court said.

The state government would also pay an additional sum of Rs. 5 lakhs to the survivor by way of compensation and ensure the continued well-being of the survivor, at least till she reaches the age of 25.

“The fine, if paid, and a total amount compensation not less than Rs.20 lakh, should be provided by the state to the survivor by way of investments that would mature on a periodic basis for her to receive the same,” the Court said, adding the total amount of Rs.20 lakh must be invested in the name of the survivor within three months.

“The state government would also be responsible for taking care of all the medical needs of the survivor free of cost and befitting a Grade-II officer of the state for at least the next 20 years,” it said.

Additionally, if there is any special programme or working opportunity for the survivor or if there is any late education programme for women where the survivor may be accommodated, the state should provide all assistance to the survivor to lead a remaining normal and healthy life.

Dorphang appealed for leniency by arguing through his attorney that the victim’s age cannot be conclusively proven to be that of a minor.

However, based on several accounts, including the victim’s father, the school headmistress and also scientific evidence produced by a dental surgeon and an ossification test conducted by the radiologist, the victim’s age was proven to be around 15-16 years when she was violated, the bench said.

“There does not appear to be any glaring infirmity in the judgment of conviction or the consequent sentence pronounced against the appellant, the trial court dealt with the material before it at great length and justly arrived at the right conclusion,” the bench ruled.

Meghalaya among 9 states to withdraw general consent to CBI

As many as nine states, including Telangana and Meghalaya, have withdrawn the general consent given to the Central Bureau of Investigation (CBI) for probing certain offences.

The information was disclosed by Union Minister Jitendra Singh during the winter session of the Parliament in December 2022.

The minister informed the House that as per Section 6 of the Delhi Special Police Establishment (DSPE) Act, 1946, the CBI requires the consent of the respective state governments to conduct investigations in their jurisdiction.

The state governments had granted general consent to the CBI for the investigation of a specified class of offences against specified categories of persons, enabling the agency to register and investigate those specified matters, Singh elaborated. However, Chhattisgarh, Jharkhand, Kerala, Meghalaya, Mizoram, Punjab, Rajasthan, Telangana, and West Bengal have withdrawn the general consent to the CBI to investigate cases. This move could potentially create roadblocks for the CBI to investigate cases in these states.

Non-BJP-ruled states have accused the CBI of “selectively targeting” Opposition leaders.

The withdrawal of consent could also affect the CBI’s ability to investigate cases that have national significance or interstate ramifications. It remains to be seen how the CBI will navigate these challenges and continue to discharge its duties effectively.

This development highlights the need for a comprehensive review of the DSPE Act, 1946, and its provisions related to the CBI’s jurisdiction and powers.

In March this year, a Parliamentary Committee emphasised the withdrawal of general consent for the CBI probe by several states and stated that the existing law governing the federal probe agency has “several limitations”.

The committee has suggested the need to enact new legislation that defines the CBI’s status, functions, and powers.

“The Committee feels that the Delhi Special Police Establishment Act has many limitations and therefore, recommends that there is a need to enact a new law and define the status, functions and powers of the CBI and also lay down safeguards to ensure objectivity and impartiality in its functioning,” it said.

Rudra Vikram Singh, Supreme Court lawyer said that withdrawal of general consent means CBI does not have the general consent of a state government, it is required to apply for consent on a case-by-case basis and cannot act before the consent is given.

“However CBI can continue to investigate cases in a state registered prior to the withdrawal of general consent. In July 2022, the Calcutta High Court, in a case of illegal coal mining and cattle smuggling being investigated by the CBI, ruled that the central agency cannot be stopped from investigating a Central government employee in another state,” said Singh.

“In its order, the High Court observed that corruption cases across the country must be treated equally and that Central government employees could not be exempted from an investigation on the grounds that their offices were located in states that have withdrawn general consent. The judgment also said that withdrawal of general consent and its ramifications would be applicable in cases where exclusively state government employees were involved,” he added.

This order, however, has been challenged in the Supreme Court, where the matter is still pending. Hence, as it stands, the CBI can use the Calcutta High Court order to its advantage to carry on certain investigations until the order is struck down by the Supreme Court.

Gurmeet Nehra, legal scholar and member of the Supreme Court Bar Association said that CBI can approach the local court of that state for issuing a search warrant and it can register a case in Delhi and proceed with the investigation.