Gauhati High Court dismisses PIL on inclusion of Chakma-Hajong into electoral roll

A CORRESPONDENT

ITANAGAR: In a landmark decision, a division bench of the Gauhati High Court dismissed the PIL filed by Amal Kumar Chakma and others for the enrolment of Chakma-Hajong in the electoral roll under Arunachal Pradesh Panchayati Raj.

Speaking to the media, the Legal Advisor of the AAPSU, Advocate Marto Kato said that after at least 33 times of hearings, on 10th May last the court passed the judgment to dismiss the PIL (No.20(AP)/2017). Kato also informed that the Court has ruled that the issue of Indian citizenship of Chakma -Hajong by birth or not is still in the Supreme Court and the same is sub-judice.

Elaborating on the Court's order, he also added that, as per the order 'Article 19(1)(e) is applicable only to the citizens of this Country and Article 19(1)(d) & (e) are not available to the foreigners. Moreover, the right to settle anywhere, is not available to the Chakma Hajong Refugees, as per section-3 of the foreigner Act, 1946, Clause-9 of the Foreigner's Order,1948 and Section-6A of the Citizenship Act, 1955'.

Kato further added that the Court in its judgment asserted that, the tribes of North Eastern States are historically protected races, as per the provision of and Law under Part X of the Constitution of India. There is a likelihood of the protections granted to the indigenous native tribal people of the state being diluted and absence of representative capacity, the Court is not inclined to grant any relief to the petitioners in the PIL.

Moreover, the Chakma and Hajong have settled in at least 46 villages in Changlang, Namsai and Papumpare districts and these villages are not notified by the State Government. Therefore, the Court in its judgment stated 'the declaration /notify of 46 Chakma and Hajong villages in Changlang, Namsai and Papum pare is legislative duties and powers'. The Divisional Bench has held that no direction can be issued to the government in the discharge of its Legislative duties'. As per Sec-2(XVII) of the 1997 Act, it would be the prerogative of the Government to declare an area recognized to be a village, informed Kato.

It is a landmark decision and a big win for the AAPSU,' said AAPSU president (caretaker) Hawa Bagang. He urged the State Election Commission to delete the names of Chakma-Hajongs if enrolled in the electoral roll anywhere in the state. "We have already filed an objection against the enrolment of Chakma-Hajong in the electoral roll, so it's high time the State government took prompt action," added Bagang.

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