SHILLONG: Anguished over the spate of kidnappings and killings in Garo Hills with specific reference to the abduction of Chokpot BDO Jude Rangku T Sangma, who is the brother-in-law of SP in-charge High Court security, Bobby Momin, the Full Bench of the High Court of Meghalaya on Monday asked the Centre to enforce Armed Forces (Special Powers) Act, (AFSPA) 1958 in Garo Hills.
The direction of the Full Bench of the High Court comprising Chief Justice Uma Nath Singh, Justice TNK Singh and Justice SR Sen was following a hearing related o the pending case of militants calling bandhs in the state.
The Court while observing that there is no end to violent incidents perpetrated by GNLA and other militants including calling bandhs in Garo Hills, said that, in the instant case, as the police and civil authorities, despite the best of their efforts, are not able to control the incidents of kidnapping for ransom and killings on non-fulfillment of illegal demands and the native population is totally exposed to the influence of militancy, and as the funds allocation by the Central Government has not helped in ameliorating the decline of law and order, “we have no option but to direct the Central Government to consider the use of Armed Forces (Special Powers) Act, 1958, in the Garo Hills area and deployment of Armed and Para-military forces to control the situation in the aid of but certainly not under the command of civil and police authorities till life becomes normal and the incidents of rampant kidnapping and killing totally stopped”.
The Court further observed that the Centre can enforce Armed Forces (Special Powers) Act, 1958 for the purpose of deployment of armed forces in the aid of civil administration in order to restore public order and maintain the law and order.
According to the Court, such deployment of armed forces of the Union would be only for the purpose of enabling the civil authorities in the state to deal with the situation effectively so that there is a regime of rule of law.
” Even under the ideal federal system of United States of America, whereas ours is only quasi federal under the Insurrection Act, the President can deploy Armed Forces under certain circumstances including terrorist activities in the states”, the Court observed.
The Court also directed the Union Home Secretary and the Defence Secretary to ensure compliance by placing this order before the Central Government to consider the use of Armed Forces (Special Powers) Act, 1958 and the deployment of Armed and Para-Military Forces in the Garo Hills area of Meghalaya to control the fast deteriorating law and order situation.
The Court further directed the Principal Secretary in the office of the Prime Minister to place this order before him for perusal and consideration.
The Full Bench also observed that even the Chief Justice and Judges of the High Court are also getting veiled threats that they would have to face the consequence after their retirement.
“It may not be proper for us to say anything about our security which is, for the present, being looked after by the State. Generally, we put all such anonymous letters into shredders but since two of us are to lay our office in January and February, 2016 and third one in March, 2019, and one cannot claim to be fully safe and secured in the wake of incident of kidnapping of the BDO, brother-in-law of the Superintendent of Police, who is In charge of High Court security, we expect the Central Government to give its response on this issue as well”, the Full Bench said.
The Court said that the order will have to be communicated by fax on Monday to Principal Secretary in the office of the Prime Minister, Union Home Secretary, Union Defence Secretary, State Chief Secretary, and DGP for compliance. The matter will come up for hearing on Nov 18.