Kokrajhar: Bodoland Janajati Suraksha Mancha (BJSM) on Sunday warned that they would move for legal action against the Deputy Commissioner of Bongaigaon for issuing ST certificate to non-notified community by violating the norm.
In a statement issued by the president of the BJSM, Janaklal Basumatary, it was stated that the Bongaigaon DC had issued ST certificate to one Kalyan Deka, son of Bhaskar Jyoti Deka of Deuripara in Bongaigaon district, in violation of the Constitution of India, by inserting the reference of the State Government and WPT secretary’s letters vide letter No. TAD/BC/291/2014/105 dt. 05/06/2018 and No. TAD/BC/58/2001/pt.III/199 dt. 16/11/2018 in his self-prepared ST certificate form which was not permissible in the prescribed ST certificate form and the State Government had no power to make a non-notified community a sub caste or sub tribe of any other community for the purpose of granting Schedule Tribe certificate.
Basumatary said the Bongaigaon DC, by issuing ST certificate to non-notified community, had violated constitutional provision, violated the provision of Prevention of SC/ST Atrocities Act, 1979 by providing the constitutional benefit of notified communities to non-notified community in contravention of constitutional provision and thereby committed forgery of community for providing constitutional benefit to non-notified community causing immense harm to notified community. Moreover, there is PIL case pending against the mentioned government letter dated 05/06/2018 to quash it as illegal and unconstitutional in Gauhati High Court. He said the matter was subjudice now and there was no entry of sub caste Kachari in the list of ST (plains) of Assam in Constitutional (ST) Order, 1950 as amended till date.
The State Government had stated in writing before the court that it had not issued ST certificate to non-notified community after the date of filing of WP case in this matter. So, BJSM has decided to lodge an FIR against the Bongaigaon DC for his ‘gross violation’ of law and the Constitution of India under appropriate provision of law of the land soon if he does not recall and cancel the certificate issued by him within seven days from the date of receipt of the notice served to him by BJSM, said Basumatary.