Corruption will lead to formation of militant groups: Mukul

Staff Reporter

Shillong, Sep 17: Opposition AITC leader and former chief minister Mukul Sangma said formation of militant groups will take place if there is corruption in the State.

He was reacting a query on the recent formation of a new militant outfit in Khasi-Jaintia Hills region – National Liberation Council of Nongkyndong (NLCN).

“Now in absence of jobs, in absence of opportunities or rather will you say in the circumstance where you see robbing of opportunities by people in authority, by people in power, when too much of nepotism and your complete monopoly in business and other things are there then this is what happens,” Mukul said.

Stating these are precursors of what is going to happen, he said, “When there is increased number of elite groups fighting for the same kind of space and the space is limited then when you cannot create that kind of equilibrium in the society then you will have that whole distortion of the equilibrium.”

“This is the slow indication of what is going to happen. And once it happens then it is going to remain for 15-20 years so another 15-20 years, you are going to have a mess and who is going to clear it?” he asked.

The former chief minister further asserted that the interest of the State is more important and said there is need to handle the situation with the State already witnessing lots of crimes.

Court to decide on relocation from Sweepers’ Colony

Deputy Chief Minister in-charge Urban Affairs Sniawbhalang Dhar has informed that the state government has filed an affidavit before the Meghalaya High Court with regards to the proposal for relocating the 342 families of Sweepers’ Colony from Them Iew Mawlong.
Dhar told reporters today that now the matter is left to the court to decide.

The minister said that the government will also sit in a few days and take a call on the matter.

According to him, this was after the Harijan Panchayat Committee (HPC) had rejected the government’s proposal to relocate the Sweepers’ Colony from Them Iew Mawlong to the existing land of the Shillong Municipal Board (SMB).

Dhar however said that the government will always welcome the HPC if they want to discuss the matter.

On April 24, the Meghalaya High Court had deferred the hearing on the issue to June 7.

The order was passed by the division bench based on the request made by the state government and the HPC during the hearing held here.
The government had come up with a blueprint after rejecting the April 25,2022-proposal of the HPC that 200 square meters of land be provided to each of the 342 families within the European ward besides bearing the cost of construction of their homes.

In its recent 6-page reply sent to the Deputy Secretary of the Government of Meghalaya and other concerned departments, the HPC had alleged that the government’s proposal was “incomplete, unsuitable, unprepared, unfair and undemocratic.”

The HPC had also stated in its reply that “There are serious lacunae, sweeping and undesirable conclusions in the approach and attitude of the High-Level Committee of the Meghalaya government.”

“We are absolutely devastated that since the formation of the new government, ministers, MLAs and certain groups have been making unnecessary remarks saying that the whole issue would be resolved within the month of April. What magical trick do they have up their sleeve to resolve the issue within days? The matter is sub-judice and they are only paying lip service to respect for the judiciary. We will not buckle under political duress,” it had also added.

HPC calls govt blueprint ‘unacceptable’

In a hard-hitting reply, sent today to the Government of Meghalaya’s blueprint for relocation of residents of Punjabi Lane, Shillong, the Harijan Panchayat Committee after multiple rounds of consultation with its members, has stated that the proposal of the government was “incomplete, unsuitable, unprepared, unfair and undemocratic.”

In an exhaustive 6-page reply sent to the Deputy Secretary of the Government of Meghalaya and to other concerned departments, the HPC letter reads, “There are serious lacunae, sweeping and undesirable conclusions in the approach and attitude of the High-Level Committee of the Meghalaya government.”

“We have attended meetings of the government in good faith but the government is resorting to misinformation and disinformation through the media and at the meetings, the only attitude is to overawe us into submission to their proposal. The language of the political leadership is one of intimidation. They are putting our lives and properties at risk and making us vulnerable,” said HPC secretary Gurjit Singh.

The HPC has strongly alleged that the “entire exercise is an ill-founded relocation theory, which actually compels the resident citizens of the Punjabi Lane (Harijan Colony) to forego their rights, title and interest over whatever small land portion in the colony and to accept the prisons cells like accommodation being offered in the proposed Blueprint.”

Speaking to the media, HPC secretary Gurjit Singh reiterated that, “our original demands presented in the “Eight-point resolution” still stand and we will not buckle under political duress merely because it is convenient for the government to do so and simply because due to passage of time, the land has become a commercial goldmine.”

The Harijan Panchayat Committee which, despite all odds, has been spearheading a battle for rights of the residents since the last three decades, has in its detailed reply to the government said that the disputed land belongs to the Syiem of Mylliem, and not to the government and any attempt by the government to buy it is violative of the Meghalaya Land Transfer Act.

With reference to the recent incident of 31 May 2018, the HPC has stated that “taking advantage of a stray case of discord, suddenly the “relocation theory” was resurfaced for political and vested interests. We have all the official documentation necessary to live as citizens at our ancestral land in Punjabi Lane.

The letter pointed out gaping holes in the government’s blueprint -area too small and proposed houses pigeonholes, official building guidelines violated, no roadmap of demolition of present structures, no public amenities and last but not the least no specification of title to the land and the houses.

“There are so many grey areas and gaps. The government must clarify about all such concerns and only then it can be taken up for consideration by the Harijan Panchayat Committee, without prejudice to our right to reject the proposal” stated Gurjit Singh while speaking to media personnel.

Deriding the government’s haste, the HPC remarked, “It has been held by the Supreme Court of India and other courts as well that the right to lead a dignified life is an inalienable right and provisions of housing cannot be such that it is inhabitable for residents to live there. In the light of such judicial pronouncements, the residents are entitled to a better resolution.”

In an earnest appeal to the government and people of Meghalaya, Gurjit Singh said, “the government must stop the witch hunt and allow us to build our houses and we can assure that the beauty of the area will be fully maintained and for this the residents have the full support of the Sikh community.”

“The residents of Punjabi Lane want to live with honour and dignity at the land of their forefathers and it would be improper to treat them as aliens. The solution to this should be peaceful, amicable, mutual and permanent, without trampling on our fundamental rights,” he added.

Them Iew Mawlong: HPC waiting for govt’s call

The Harijan Panchayat Committee (HPC) has said that they are waiting for the state government to call for a meeting to discuss the issue related to the relocation of the Sweepers’ Colony from Them Iew Mawlong.

“We are waiting for the government’s call,” HPC secretary Gurjit Singh said.

He however refused to indicate if the committee would submit its reply on the government’s proposal.

Meanwhile, Deputy Chief Minister Prestone Tynsong informed that the government would soon fix a meeting with the HPC to further sensitize them on the stand of the government and to also listen to their point of view on the matter.

“We are waiting for the return of the Deputy Chief Minister in-charge urban affairs as we want to convene a meeting with the HPC within this month,” he added.

Tynsong said that he is not aware if the HPC has sent any communication to urban affairs with regards to the reply to the government’s proposal.

On March 16, the state government set a deadline to the HPC for submitting its reply by April 10, with regards to the proposal for relocating of the Sweepers’ Colony from Them Iew Mawlong to the existing land of the Shillong Municipal Board (SMB).

The government had also turned down the request of the HPC to give another three months’ time to respond to the proposal.

The decision was also taken following an order of the Meghalaya High Court on February 16, asking the state government to immediately resolve the issue after the Assembly elections.

On September 29, last year the state government presented the blueprint to the HPC during a meeting, which indicated its decision to construct multi-storey flats at the existing official quarters of the Shillong Municipal Board (SMB) for relocation of the 342 families.

The state government had outrightly rejected the April 25,2022-proposal of the HPC that 200 square meters of land be provided to each of the 342 families within the European ward besides bearing the cost of construction of their homes.

HPC yet to reply to Govt’s relocation proposal

The Harijan Panchayat Committee (HPC) is yet to submit its reply on the government’s proposal for relocating the 342 families of Sweepers’ Colony from Them Iew Mawlong despite the deadline served by the government has expired today.

“Officially we have not received (the reply of the HPC) yet,” Deputy Chief Minister Prestone Tynsong told reporters.

He however informed that the government may invite the HPC for discussion within this week.

“I have seen in the newspaper that they are going to meet us. Maybe this week itself, we will call and again discuss with them because we have already sent to them the blueprint so it is only a matter of decision to be taken by them as from the government side we have already presented to them all the details,” Tynsong said.

On March 16, the state government set a deadline for the HPC for submitting its reply by April 10, with regards to the proposal for relocating the Sweepers’ Colony from Them Iew Mawlong to the existing land of the Shillong Municipal Board (SMB).

The government had also turned down the request of the HPC to give another three months’ time to respond to the proposal.

The decision was also taken following an order of the Meghalaya High Court on February 16, asking the state government to immediately resolve the issue after the Assembly elections.

On September 29, last year the state government had presented the blueprint to the HPC during a meeting, which indicated its decision to construct multi-storey flats at the existing official quarters of the Shillong Municipal Board (SMB) for relocation of the 342 families.

The state government had completely rejected the April 25,2022-proposal of the HPC that 200 square meters of land be provided to each of the 342 families within the European ward besides bearing the cost of construction of their homes.

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.