News

ISSUE NO 2.03

POLITICS

SEPTEMBER 1, 2000





NEWS THIS FORTNIGHT

Panel to probe fraudulent withdrawal of pension money
CM misleading people on Assam Accord: AASU
KAAC passes resolution for Karbi state
Mizoram-Bangla border fencing to be expedited
Manipur BJP waits in wings for role in govt
MPC demands greater autonomy for Mizoram
Rift in ASDC widens
CISF, IA staff's conduct on Jayashree rocks RS
No ST status to Koch Rajbongshis
Centre discriminating Manipuri players: MSF
Merger move of regional parties
Jayashree probe
Rajbangshi threatens stir
Repeal discriminatory IMDT Act by Jan: SC
UT status for Chhimtuipui demanded
Repeal of IMDT Act: 'SC verdict not specific'
Pro-IMDT camp readies for battle


Panel to probe fraudulent withdrawal of pension money
KOHIMA, August 16: In a bid to identify persons involved in the fraudulent withdrawal of pension money in Nagaland since 1990, the state government has constituted a special investigation team with officials of state Vigilance Commission, reports PTI. According to a notification issued by Chief Secretary RS Pandey here Monday, the SIT will probe thoroughly all fraudulent pension withdrawals from different treasuries 1990. The SIT, headed by JI Yaden, SP, has been empowered to arrest and prosecute with the help of police all those who are involved in the preparation of fraudulent pensions, the notification said. The team will also find out and prepare a complete list of pensioners with their present age, address who are currently drawing pension from different treasuries in Nagaland. Pandey, who is also the state Vigilance Commissioner directed all Government departments, agencies and officials to extend all necessary helps and co-operation with supplying relevant documents papers to the investigating team. (Press Trust of India; The Assam Tribune; Guwahati; August 17, 2000)
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CM misleading people on Assam Accord: AASU
GUWAHATI, August 17: The Chief Minister tried to mislead the people by claiming that the state government played its part for the implementation of the Assam Accord, alleged the All Assam Students' Union (AASU). The Chief Minister, in his Independence Day speech, said that the state government was committed to implement all the clauses of the Assam Accord. He said that the state government played but all the clauses of the Accord could not be implemented its part because of the failure of some Central Government departments to do the needful. In a release here today, Prabin Boro and Amiya Kumar Bhuyan, the president and the general secretary respectively of the AASU criticised the Chief Minister for his statement and alleged that the state government totally failed to play the desired role for the implementation of the Accord. They alleged that both the Central and the state governments failed to implement the Accord even after 15 years of signing of the same. They said that certain clauses were to be implemented by the state government, which miserably failed to take necessary steps in this regard. (Staff Reporter; The Assam Tribune; Guwahati; August 18, 2000)
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KAAC passes resolution for Karbi state
GUWAHATI, August 19: The new executive committee of Karbi Anglong Autonomous Council (KAAC) has passed a resolution for creation of an autonomous state comprising Karbi Anglong district out of Assam along the lines of Jharkhand, Uttaranchal and Chattishgarh, its Chief Executive Member Mojari Hanse said today, reports PTI. The resolution was passed on August 7 and a memorandum to the effect was given by the Executive Committee (EC) to the state government and Governor Lt Gen (Retd) SK Sinha urging him to use his office for creation of the autonomous state, he told newsmen here. The newly elected EC was committed to a clean, transparent, corruption free and pro-people administration, he said, adding a public complaint booth would be set up to record allegations of bribery, favouritism and corruption in giving appointments to over 500 persons in different departments in KAAC. He said, inquiries would also be made into the land scandal of a private tea estate, irregularities in the land purchase deals in Shillong, Guwahati and Calcutta for Karbi Bhavans, alleged underhand transaction of crores of rupees in projects such as ropeway construction, paragliding and golf course construction. (Press Trust of India; The Assam Tribune; Guwahati; August 20, 2000)
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Mizoram-Bangla border fencing to be expedited
AIZAWL, August 19: A meeting of top state government officials and representatives of the Border Roads Task Force (BRTF) here on Friday agreed to ensure early commencement of fencing works on Mizoram-Bangladesh border, an official press release said. The meeting, presided over by state Chief Secretary HV Lalringa, prepared area and discussed the modalities for early commencement of border fencing and expeditious completion of Mizoram-Bangladesh border roads, the release said. (Correspondent; The Assam Tribune; Guwahati; August 20, 2000)
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Manipur BJP waits in wings for role in govt
IMPHAL, August 19: Accusing the ruling Manipur State Congress Party (MSCP) of betraying the BJP, newly-elected Manipur BJP president Meinam Bhorot Singh today said his party will step in to "fill up the vacuum" if the W Nipamacha Singh government crumbles due to "internal contradictions". Addressing his maiden Press conference, Bhorot Singh said, "The MSCP may not stand together for long", and added, "The BJP will not attempt to split its ally in the National Democratic Alliance (NDA)". Though the MSCP is a constituent of the NDA at the Centre with its MP in the Union ministry, it has severed ties with BJP in the state level. When asked about the MSCP's repeated invitation to the BJP to join the Nipamacha Singh-ministry, Bhorot Singh said the offer was "hollow as the MSCP has failed to show a clear picture on the proposal". Asked whether the BJP would join a Congress-led government in the event of Nipamacha Singh's fall, Singh said, "The day MSCP crumbles, the Congress will also automatically split." The Congress is the second-largest party in the state Assembly. The state BJP chief denied any differences between BJP's state unit and central leadership over the continuance of MSCP in the NDA government at the Centre. There is an internal agreement in the BJP regarding the MSCP's participation in the Union government, but BJP would go separately in the state, Singh added. Singh said the BJP would accommodate Congress MLAs in case they want to join the BJP, but added that he had not received any feelers. Bhorot Singh blasted the state government for its failure in handling the state's acute financial crisis. He also said the government was doing nothing to improve the two national highways of the state. A delegation of the state BJP unit will be proceeding to Nagpur to attend the party's national council session during the last week of August, Singh added. The BJP president said he would raise the issue of poor road communication in the state during the session. Regarding the ceasefire between the Centre and the NSCN(IM), Singh said the ceasefire zone did not extend up to Manipur. "The GOC has admitted the mistake of including the word 'informal ceasefire in Manipur' in one of their press releases," he added. (Correspondent; The Telegraph; Calcutta; August 20, 2000)
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MPC demands greater autonomy for Mizoram
AIZAWL, August 20: The Opposition Mizo People's Conference (MPC) has demanded greater autonomy for Mizoram, implementation of panchayati raj-like local self-government system and re-demarcation of state's boundaries, reports PTI. State council meeting of the party chaired by its president Lalhmingthanga, who is also the leader of the Opposition in the state Assembly, on Thursday demanded that forests and electricity which are in the concurrent lists be given to the state authority. The party also demanded that the state government should share powers with the Centre in regards to foreign loans, lotteries, trade with foreign countries, inter-state trade regulation and development of mineral resources. It also demanded increase in Lok Sabha seats from one to five in Mizoram. (Press Trust of India; The Assam Tribune; Guwahati; August 21, 2000)
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Rift in ASDC widens
GUWAHATI, August 20: It seems the rift between the two conflicting groups of the Autonomous State Demand Committee (ASDC) led by Holiram Terang and Jayanta Rongpi is widening day by day as the newly-constituted Karbi Anglong Autonomous Council (KAAC) comprising supporters of Rongpi has vowed to probe corruption charges against Terang, Jotson Bey, the deposed CEM and others. Addressing a press conference here, newly-elected Chief Executive Member (CEM) of KAAC, Majori Hanse said enquiry would be initiated into alleged land scandal of Kakojuri Tea Company 'owned by Holiram Terang' as well as 'mismanagement' of Council fund and irregularities in appointment during the tenure of Jotson Bey as the CEM. Hanse alleged that no transparency was made by the former CEM who was also holding the Finance portfolio, regarding purchase of land to set up Karbi Bhavan in Shillong, Guwahati and Calcutta spending over Rs two crore. He also alleged that there was no budget provision to spend such a huge amount for the purpose. The new CEM vowed to enquire into transaction of various 'construction committees' which spent more than Rs 10 crore without adhering to established departmental procedure like floating tenders etc. He alleged that Rabindra Rongpi, Dipendra Rongpi, SS Terang, Bharat Kumar Timung and others were involved in these construction scandals. There are also allegations of large-scale corruption and nepotism in giving appointments to more than five hundred posts of various categories in different departments under KAAC during the tenure of previous Council. These appointments were made through a selection committee comprising Holiram Terang, Pator Phangcho, and Chomang Kro. Hanse informed that a public complain booth shall be established to record all such malpractices of bribery, favouritism and corruption in giving appointments. Meanwhile, the pro-Jayanta Rongpi group in ASDC suspended Holiram Terang from primary membership of the party for anti-party activities and had been asked to show cause within seven days. Although the notice was served on August 6 last, Terang was yet to reply. Today's press conference was also addressed by KAAC Executive Members Mohen Bey, Bikash Boro, Jibon Chandra Pathak, Rabi Kumar Phangcho and Sersing Timung. (Staff Reporter; The Assam Tribune; Guwahati; August 21, 2000)
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CISF, IA staff's conduct on Jayashree rocks RS
NEW DELHI, August 22: The Rajya Sabha was today rocked following submission of a privilege motion by AGP MP. Jayashree Goswami Mahanta alleging misbehaviour by Central Industrial Security Force (CISF) personnel at the Lokapriya Gopinath Bordoloi airport on August 20. Members cutting across party-line today expressed concern at the manner in which a lady member of Parliament was treated by the CISF and Civil Aviation staff stalling the proceeding of the House for over half-an-hour. Mahanta alleged that the CISF and Commander of the Indian Airlines flight (IC-801) denied her permission to accompany her husband in the VIP lounge and to the aircraft, in what was a case of high-handedness in the name of security. She wondered under what rule a wife cannot sit with her husband in the VIP lounge and travel with him. She said earlier too she had faced similar situation when her daughter was not allowed to sit with her. Soon members belonging to various political parties joined her and condemned the incident, urging the Union Government to initiate action against the erring officials. The Leader of the Opposition in the Rajya Sabha, Manmohan Singh also joined the issue requesting the Government to take appropriate action. Other members who joined in included Sushma Swaraj, Shabana Azmi, SS Ahluwalia, Sanjay Nirupam, Arun Kumar Sarma among others. Some of the members wanted the Union Home Minister to make a statement on the issue. However, the Civil Aviation Minister, who was present in the House assured that he would look into the incident and said he was helpless in taking action against the CISF, as it was under the Ministry of Home Affairs. This led to further chaos in the House, with members charging that the Minister was not sensitive to the issue concerning a member of the House. Swaraj said that they are not only agitated but also pained at the unfortunate incident. The former Union Minister went to the extent of demanding an apology from the Minister for this gross misconduct towards a member of the House. Vice-President, Krishan Kant who was in the Chair during the heated debate tried to assuage the feeling of the agitated members. He ruled that he would go through the notice before taking any decision. (Staff Correspondent; The Assam Tribune; Guwahati; August 23, 2000)
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No ST status to Koch Rajbongshis
NEW DELHI, August 23: Setting at rest all speculations, the Union Government has finally clarified that it has no plans to accord Scheduled Tribe/Caste status to Koch Rajbongshi, Tai Ahom, Moran, Muttok and Chutia communities according to the recommendation of the Parliamentary Select Committee. The Central Government is not prepared to reschedule the communities according to suggestions of the Select Committee, the Union Minister of Tribal Affairs, Jual Oram said in reply to a question tabled by Dhrupad Borgohain. The clarification of the Central Government's stand came, even as the various political parties were pressurising the Central Government to table the Bill to include Koch Rajbongshi community in the ST list. A Congress MP belonging to the community, Madhab Rajbongshi had even tabled a Private Member's Bill in the Lok Sabha proposing their inclusion in the Scheduled List. Centre's reply, however, came as a rude shock as the impression that the Centre had so far been conveying was that they were seriously considering introducing a Bill in Parliament to accord ST status to Kochi Rajbongshi community. This was, in fact officially conveyed by the then Social Welfare and Tribal Affairs Minister, Maneka Gandhi to Rajbongshi during the 12th Lok Sabha. The Minister had intimated the Congress MP that the proposal to introduce a Bill was under active consideration of the Central Government. Centre's stand was understandable in view of support for the move by various political parties, besides, the Assam Government. The state government has a Cabinet resolution to the effect, while the issue was discussed at the Union Cabinet during the United Front Government in 1996, without it taking any decision. The Ordinance according status to the Koch Rajbongshi community introduced by the then PV Narasimha Rao government has lapsed four times before it was permanently shelved by the Centre in 1996. A Bill was introduced in the Lok Sabha during the period and following opposition from various tribal members including Jayanta Rongpi, the then Speaker, PA Sangma set up a Parliamentary Select Committee under the chairmanship of Amar Rai Pradhan MP to go into the issue. The Parliamentary Select Committee in its report recommended that not only the Koch Rajbongshi community, status of other communities including the Chutia, Muttok, Moran, Tai Ahom be rescheduled. It suggested that the entire OBC and MOBC list be upgraded to the Scheduled List. Reacting to the latest development, Rajbongshi termed the Minister's reply as irresponsible, wondering how the Union Minister could make such a statement when the Parliamentary Select Committee's report was under consideration of the Centre and has not been rejected. The MP said he is going to petition the Prime Minister tomorrow seeking a clarification from the NDA government on its stand on the issue. The issue is also likely to take a political colour with the election in the state round the corner, given the fact that the Koch Rajbongshi community has a sizeable presence in the state and hold sway over several Assembly constituencies. Rajbongshi already fired the first salvo by asking the BJP in the state clarify its stand now that the Centre has cleared the confusion. The BJP, as also other political parties, in all their election manifestos had supported the demand for inclusion of the community in the Scheduled list. The main opposition from the tribal groups led by the Tribal Students Federation mainly emanates from the apprehension that the inclusion of these communities in the Scheduled List would starve them of any seats in the ST/SC quota. In their various petitions to the Centre, they pointed out that they would be the worst sufferers as the students belonging to the Koch Rajbongshi, who they claimed were rather advanced, would corner all seats leaving them high-and-dry. The petitions and demonstrations in the Capital apparently had the desired affect with the Centre shelving the Pradhan Select Committee report into the cold storage in 1996-97 until it finally clarified its stand yesterday. (Kalyan Barooah; The Assam Tribune; Guwahati; August 24, 2000)
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Centre discriminating Manipuri players: MSF
IMPHAL, August 24: The Union Government has been giving a discriminatory treatment to the players of Manipur who have been bringing laurels from home and abroad. This was stated by T Parijat, President of the Manipuri Students Federation, MSF. He sated that the GOI not only looks down upon the Manipuri players and people but also treats them differently. There was such a discrimination against Ngangom Dingko who had brought the gold medal in the Asiad 1998 in the bantam category of boxing. The whole world had seen how the players of Manipur had been discriminating by the GOI. Now it is openly trying to ensure that the Arjuna awardee, Nameirakpam Kunjarani does not participate in the Sydney Olympics. She is the second rank holder in the international level in her weight category. It is very heart breaking that she is not given clearance by the GOI on the flimsy pretext that there is a paucity of fund. The MSF president regretted that had Kunjarani been born in a bigger state of India, she would have been certainly sent to Sydney. Today several players who will never bring medals are allowed to participate in the "spirit of sports". But the way, the 2nd ranker in the international level has not been allowed to join the Sydney Olympics amounts to a step-motherly treatment. In the past, the Sepak Takraw event to be represented by the Manipuri players was excluded from the Asian Games. There had been instances galore when Manipuri players were not allowed to represent India. He demanded that the Manipur government should do something for Kunjarani and that all sports organisations and association should stand together to fight for Kunjarani's cause. (Matamgee Yakairol, E-Pao; Imphal; August 25, 2000)
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Merger move of regional parties
GUWAHATI, August 25: Leaders of three regional parties of the state today agreed to merge their individual parties to form a single regional party at a meeting here today. They have also called upon leaders of other like-minded regional parties to join in the move to strengthen the regionalist forces in the state. The next meeting for the purpose of completing the unification process has been fixed on September 9. According to a press release issued jointly by Pabindra Deka, Bisheswar Deka, Hemanta Kumar Barman and Kanak Hazarika, today's meeting was attended by Bhrigu Kumar Phukan, Hemanta Kumar Barman and Paniram Rava of the Assam Jatiya Sanmilan, Jatindra Kumar Bargohain and Kanak Hazarika of the Assam Gana Sangram Parishad and Ananda Barbara and Bisheswar Deka of the Purbanchaliya Loka Parishad, among others. Besides, ex-Minister Pabindra Deka and several others who have been advocating unification of the regional parties, also took part in the meeting today. (Staff Reporter; The Assam Tribune; Guwahati; August 26, 2000)
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Jayashree probe
GUWAHATI, August 25: The state government has constituted a one-man inquiry committee headed by S Mitra, IAS, Commissioner Lower Assam Division to inquire into the alleged harassment and misbehaviour meted to Jayashree Goswami Mahanta, MP, by the CISF and Aviation staff at Lokapriya Gopinath Bardoloi International Airport here on August 20 last, according to an official release. The committee will submit the report to the government within fifteen days. (Staff Reporter; The Assam Tribune; Guwahati; August 26, 2000)
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Rajbangshi threatens stir
NEW DELHI, August 25: An irate member of the Koch Rajbongshi community and MP, Madhab Rajbangshi today threatened to launch an agitation in Assam if the Central Government failed to introduce Constitution Bill to include the community in the Schedule list in the next session of the Parliament. The MP today met the Prime Minister and submitted a memorandum protesting the Tribal Affairs rejection of the demand, when the Parliamentary Standing Committee's report was pending with the Central Government. This stand of the Ministry had led to a loud protest in the state which saw a day-long bandh recently and may be followed by other mass movement affecting law and order in the state. Rajbangshi later told this newspaper that the stand of the Assam Government in this connection was confusing because while on one hand it claims to have passed a Cabinet resolution supporting their inclusion, Central Government says that the state government has opposed the move. (Staff Correspondent; The Assam Tribune; Guwahati; August 26, 2000)
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Repeal discriminatory IMDT Act by Jan: SC
NEW DELHI, August 28: The apex court today gave the Centre time till January 2001 to repeal the Illegal Migrants Determination by Tribunal (IMDT) Act, 1985, which it found discriminatory on the ground that the Act is being applied only to the state of Assam. A three-judge bench headed by Chief Justice AS Anand asked, "When the Act has been declared discriminatory in the affidavits filed by both the Central and Assam governments, what's the hitch in repealing it?" adding, "why do you want to pass the buck to us?" The bench, which also included Justice N Santosh Hegde and Justice KG Balakrishnan, was hearing a public interest litigation (PIL) by the All India Lawyers' Forum for Civil Liberties and another relevant petition by All Assam Students Union advisor Sarbananda Sonowal, seeking deportation of over two crore Bangladeshi migrants living in different parts of the country. The petition by Sonowal seeks repeal of the controversial Act on the ground that it was coming in the way of detection and deportation of the illegal Bangladeshi migrants, which threaten to completely alter the very demography of the state. The Supreme Court said even the petitioners (Centre and the state government) assert that the Act is discriminatory. Therefore, the proper course in such a scenario is that the Central government should repeal it instead of asking the court to declare the Act ultra vires the Constitution. Additional Solicitor General RN Trivedi earlier told the Court that he stood by the affidavit filed by the Centre and the updated status report about the steps that had already been taken and also those to be taken to solve the problem of illegal Bangladeshi migrants. Trivedi, however, added that as the process of repealing is a long-drawn exercise, the Centre should be given reasonable time for the purpose. Senior counsel Ashok Desai, who appeared for Sonowal, submitted before the court that since all concerned were of the view that the Act was discriminatory, the matter should finally be heard and decided. However, the Court did not agree to the suggestion and asked the Centre to repeal the Act itself. Trivedi said that the repeal of the Act will take a reasonably long time as there were certain practical problems. The NDA government's lack of majority in the Upper House may not see the Act repealed. Earlier, the Central government in its affidavit mentioned that the IMDT Act was discriminatory and it was going to repeal it. The Centre's stand was in tandem with that of the Assam government which in its counter-affidavit stated that the Act was creating hindrances in deportation of the illegal immigrants. The state government contended that the Act was against national interest and said the Centre should fix a time-frame for repealing it. The Assam government as well as the other respondents including the states of West Bengal, Tripura, Mizoram, among others, had to file counter-affidavits in response to the status report filed by the Union Home Ministry in reply to the petitions filed by Sonowal and All India Lawyers Forum for Civil Liberty. In its earlier affidavits, the Central government detailed the steps it had taken in various infiltration-affected states of the north-eastern region, besides West Bengal, to check illegal infiltration from across the border. However, insistence of Assam government as well as the petitioner that the Central government should come up with a specific time-frame led the apex court to file another affidavit clarifying its stand. The Central government clarification has however not come as a major surprise as its problem with getting the Bill proposing scrapping of the IMDT Act passed in the Rajya Sabha was known. The Union Home Minister LK Advani did make an attempt to test the water during the Budget session when he proposed to table the Bill if the Congress party supported the move. He sought the help of the Congress party by mentioning that IMDT Act was the mother of all problem in the Northeast and it needed to be repealed. The Opposition leader in the Rajya Sabha, Manmohan Singh promptly rebutted the Home Minister and stated that Congress would oppose any such move. Besides, the problems in Rajya Sabha, the BJP has problems with its National Democratic Alliance partners also as several of them including the Trinamool Congress and the TDP are opposed to the repeal of the Act and are likely to shoot down the proposal at the Union Cabinet whose clearance the Bill requires. The only way out for the Centre now is to get the Supreme Court to strike down the Act. This was detected by the Supreme Court which stated as much. (Staff Correspondent; The Assam Tribune; Guwahati; August 29, 2000)
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UT status for Chhimtuipui demanded
AIZAWL, August 28: Congress leaders from Mizoram's Chhimtuipui district have left for New Delhi to press for the demand for Union Territory status to Chhimtuipui district while the state government reiterated the territorial integrity of the state would be maintained at all cost, reports PTI. The leaders, led by CLP leader Zakhu Hlychho were in the capital now lobbying with Central leaders to press for their demand for separate UT status, Congress sources said here on Sunday. The people of the district - comprising three autonomous district councils (ADC) Chakma, Lai and Mara - were no longer safe under the Mizoram administration which was making repeated attempts to scrap the Chakma ADC, the leaders said, adding a UT status for the district was the only answer in the present juncture. Besides Hlychho, the delegation comprises former Tourism Minister Nirupam Chakma and other legislators belonging to the Congress. Referring to the demands for UT status for Chhimtuipui district, an official spokesman said the territorial integrity of the state would be considered at all cost. (Press Trust of India; The Assam Tribune; Guwahati; August 29, 2000)
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Repeal of IMDT Act: 'SC verdict not specific'
GUWAHATI, August 29: The Supreme Court has not issued any specific direction to the Central Government on matters of repeal of the IMDT Act, said Advocate General of the state Pachu Gopal Baruah here today while commenting on the Supreme Court observation made yesterday on the issue of the repeal of the Act. Baruah was talking to the The Assam Tribune on the basis of today's newspaper reports on the observation made by the Supreme Court on the issue. On the other hand, president of the Unified Minorities' Front (UMF) of Assam and a senior Advocate of the Gauhati High Court Hafiz Rashid Ahmed Choudhury while commenting on the said observation of the Supreme Court, said that the Supreme Court did not say anything on the merit of the IMDT Act. It has not even gone to decide the validity, or otherwise of the Act. If simply left the matter of repealing the Act to the Central Government, Choudhury said. Advocate General Baruah said that the matter is still sub judice. It has not been finally disposed of, as it appears from today's newspaper reports. The court will decide in January, 2001 its stand on the issue. If in the meantime the Parliament passes an Act for repealing the IMDT Act then the matter will become infructuous so far the question of the IMDT is concerned. If it is not repealed by then, the Court will certainly go into the merit of the case, Baruah said, maintaining that the aforesaid observation of the Court has been made on the basis of affidavits filed by the parties that the Act is discriminatory. As it further appeared in the press that when a submission was made by Ashok Desai, the learned counsel for Sarbananda Sonowal, that the case might be taken as finally decided, the court did not agree to it, Baruah said. Further, he said, the statement over the issue of repealing the IMDT Act may arise in view of the fact that there is practically no representation from the NE states in the Rajya Sabha. Had there been equal representation in the Rajya Sabha, irrespective of the size of the states, this difficulty may not have arisen, Baruah said, adding, this observation of equal representation was also made by late Justice BL Hansaria in his book, Does India need a New Constitution. UMF president HRA Choudhury said that whatever the Supreme Court has expressed, as it appeared in the press today, is that both the Central and state governments described the IMDT Act as discriminatory, and they said that it is standing on the way of deportation of foreigners. As per law as it exists today, the Supreme Court cannot direct the Government to repeal any Act in as much as the Supreme Court on its own can declare any law unconstitutional on ultra vires. But, it can never encroach upon the jurisdiction of the Parliament as it will be tantamount to the nullification of the principle of separation of power, he said, adding, enactment of any Law on Act is the exclusive prerogative of the Parliament on the legislature. Moreover, a law can never be a bad law as it is alleged in the case of the IMDT Act by certain quarters. Because, it is the custodian of law who fails, not the law. This is the case with the IMDT Act, he said. IMDT can also not be described as a discriminatory legislation as it has the provision for country-wide application, Choudhury maintained, while laying emphasis on the point that the Act has provided some procedural safeguard to the Indian minorities in matters of excesses on the part of the executive as was provided under the 1946 Foreigners Act together with the 1964 Foreigners' Tribunal Order. (Staff Reporter; The Assam Tribune; Guwahati; August 30, 2000)
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Pro-IMDT camp readies for battle
GUWAHATI, August 29: Proponents of the Illegal Migrants (Determination by Tribunals) Act today geared up for round two of the battle over the contentious legislation, with the United Minorities Front leading the way by declaring its intention of moving the Supreme Court for a review of its ruling. The three-judge bench of Chief Justice AS Anand and Justices Santosh Hegde and KG Balakrishnan yesterday observed that the Centre should repeal the Act by January next year. "Minorities are definitely going to face problems if the Act is repealed," UMF president HRA Choudhury told The Telegraph. However, he said the BJP-led government was unlikely to succeed in getting the relevant Bill passed in Parliament. "We will foil all attempts to repeal the legislation," he said. The Congress, another staunch backer of the Act, sounded just as sure. "If any Bill pertaining to repeal of the Act is moved in Parliament, we will oppose it tooth and nail," said Assam PCC chief Tarun Gogoi. "We have always wanted the Act to remain in force. Foreigners must be deported, but it must be done through a legal process without harassing genuine citizens," he added. The confidence exuded by the Congress and the UMF stems from the fact that the Telugu Desam Party, the Trinamool Congress - all allies of the BJP - are opposed to repeal of the Act. Even if they do back the BJP, the ruling alliance will be hard-pressed to cobble up the numbers required to ensure passage of the Bill in the Lok Sabha. This ground reality is not lost on the Asom Gana Parishad. The party's reaction to yesterday's ruling was unexpectedly subdued. "It is legal decision. We welcome it. We must honour a verdict of the Supreme Court and I hope everybody will honour it," said party spokesperson and former Union minister Birendra Prasad Baishya. The AGP has been facing flak from the anti-IMDT brigade, especially the All-Assam Students' Union, for its alleged doublespeak on the issue. The general opinion is that the Prafulla Kumar Mahanta-led party is wary of antagonising the minorities by openly demanding repeal of the Act. While the AGP is circumspect, the AASU, which has been the driving force of the campaign against the Act, feels vindicated by the Supreme Court's ruling. Claiming a "moral victory" on the issue, AASU member Bipul Rabha today said the ruling was "the first step in the right direction". However, he declined to comment on how the students' panel and others opposed to the Act proposed to surmount the final hurdle. "We will devise a strategy after our senior leaders return to the city," he said. Apurba Kumar Bhattacharyya, general secretary of the Asom Jatiyatabadi Yuba Chatra Parishad, said the onus was now on the Centre and the Assam government to "fulfil their duties" and solve the problem of illegal migration for good. However, historian Amalendu Guha sounded a note of caution. Expressing "disappointment" over the apex court's ruling, he said, "The Act should not be scrapped as it protects genuine Indian minority citizens from the kind of harassment they were subjected to in the name of detection and deportation of foreign nationals under the Foreigners Act. Scrapping the Act may actually worsen the situation in Assam." (Correspondent; The Telegraph; Calcutta; August 29, 2000)
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