Editor,
The directive of the CEO, TMB, Tura dated Oct 1, 2015 to shopkeepers and traders to file affidavits on the alleged closure of shops and business establishments on August 14-15 last is unjustified. The CEO was referring to the order passed by the Hon’ble Meghalaya High Court dated May 27, 2015 in case no. W.P.(C) (SH) 127 of 2015, banning the calling of bandhs. Apparently the CEO, TMB, Tura has overstepped his official powers since he no longer holds judicial powers after the executive is separated from the judiciary. The display of his designations including that of Addl. District Magistrate (Judicial) in the directions issued to the traders and the shopkeepers while asking them to file affidavits is irrelevant. Hence the impact of his arbitrary orders to every shopkeeper and trader within the Municipality area of Tura to file affidavits “to his issue of show cause,” notice on imaginary grounds is far reaching. This action of the CEO, TMB is unjust and has caused irreparable loss, damage and injury to the innocent traders and the shop keepers of Tura for no fault of theirs although they have complied to the directive as required.
On receiving the orders from the CEO, the Tura traders and shop keepers rushed to the authorised stamp vendors to purchase non judicial stamp papers of Rs 10 denomination but within about two days this denomination ran out so the unfortunate traders ended up buying stamps of Rs 50 denomination. The number of traders and shopkeepers of various categories in Tura is over two thousand. The innocent traders and shopkeepers had to spend over one thousand rupees for preparation of affidavits and purchase of stamp papers, some even engaging legal professionals for drafting, taking him/her to the court of Judicial Magistrate for swearing the prepared affidavits. The traders were coerced to comply with the orders or else the business establishment would be closed down and the license cancelled. The meaning of ‘direction’ has been explained by the Hon’ble Bombay High Court in the case of V.P. GILLS vs AIR, Vide-AIR 1988 Bombay 416.
The order of the CEO of TMB, Tura is violative of the Constitutional Rights of the shop keepers and traders putting them in double jeopardy. There was no justified ground to take action on imaginary basis and misinterpretation of powers. It is apparent that the CEO TMB, Tura is completely out of touch with ground realities. The citizens of Garo Hills are in constant danger. They can be murdered, kidnapped, extorted huge amounts of money and do so with impunity. Even in their homes people are insecure! People in remote villages too spend sleepless nights. Coming to the arbitrary order of CEO, TMB, Tura where he ordered the traders and the shopkeepers to file affidavits for observing the bandh called by the GNLA, the point is that 3-4 days ahead of August 14, 2015 rumours had spread that August 14-15 was declared a bandh by the GNLA. The rumour had immediate impact on the panic-stricken citizens of Tura . Moreover, the main gate of Tura Super Market and the gate of Ringrey Shopping Mall were also closed. The allegation that on August 14, 2015 the shops and the business establishments in Tura were closed is not the correct position. The fact was that the traders and the shop keepers did not dare to open their shops and business establishments. The fear-stricken traders were further intimidated on seeing the gates of the Super Market and the Shopping Mall at Ringrey closed.
The High Court of Meghalaya might not be apprised of the actual scenario of Garo Hills where fear and insecurity has gripped the citizens. The High Court should direct the Government of Meghalaya to look into the grievances of the traders and the shopkeepers of Tura and also to provide security to citizens and get the reins over militant outfits who are operating without fear whatsoever. The High Court should also rein in the CEO, TMB, Tura.
Yours etc.,
M D Sangma,
Tura