Meghalaya High Court
Registrar General High Court Of ... vs State Of Meghalaya on 17 March, 2016
Bench: Dinesh Maheshwari, Sr Sen
WP(C) No. 127/2015
BEFORE
THE HON'BLE MR JUSTICE DINESH MAHESHWARI,
CHIEF JUSTICE
THE HON'BLE MR JUSTICE SR SEN
17.03.2016
This petition was entertained on the basis of a note put up by the
Registrar General of this Court, essentially on the public cause relating
to the impact of the calls of bandh, as were being given by some
organizations, that were resulting in disturbance/disruption of public
life. On 27.05.2015, the Full Bench of this Court, after taking note of the
obtaining scenario and the requirements of public, issued several
directions, inter alia, as under:
"In view of the present obtaining scenario, consequent
upon call of bandh in the State of Meghalaya, the prayer
of the Director General of Police Shri Mehta deserves
consideration. Hence, we direct that the statements of
HNLC or any organization which may disturb the even
tempo of day-to-day public life and cause violation of
Fundamental rights of citizens in particular under
Article 19 and 21 of the Constitution of India relating to
strike, Bandh, Hartal, Road Blockade and holding of
Rallies with unlawful design shall not be issued by any
of the print and electronic media. In case of violation of
this order, the Court may not only proceed under the
Contempt of Courts Act, but it is also directed that the
State Government shall register criminal cases under
appropriate provisions of the law. It may not be out of
place to direct the Secretary/Director of Information
and Publicity of Government of Meghalaya, to ensure
wide publicity of this order in print and electronic
media so that the common citizens are encouraged to
return to their normal life and get a strength of
courage to pursue their regular avocation without any
element of fear. We also direct that the State
Government shall authorize the local administration to
take the assistance of Para-Military Forces which are
positioned in Shillong in sufficient strength for holding
Flag March to dispel the fear from the mind of common
citizens, and also for use depending upon the of law and
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order situation in the city of Shillong as well as across
the State of Meghalaya.
We also direct the State Government of Meghalaya and
the CEO/In-charge of Municipal Corporation, Shillong,
to issue notice to all such shops and business
establishments, in particular, the medical shops and
hotels and also to taxi owners, as to why their licences
not be cancelled for staying away from their lawful
avocation and for keeping their establishments closed
despite repeated Press Release/Communique of
assurance issued by the State Government that they
shall be provided adequate protection on their place of
occupation/business. Further, all the Central and State
Government organizations situated in the State of
Meghalaya are also issued notice with direction to file
affidavits regarding the position of attendance of staff
today or thereafter, namely, the date of call of bandh
given by the outfit HNLC."
Thereafter, several orders were passed to ensure
implementation of the directions of this Court as also for dealing with
the law and order situation in some parts of the State including an
indication to the Central Government to consider using of Arm Forces
(Special Powers) Act, 1958 in particular areas. While seeking response
of the respondents on these observations in the order dated
02.11.2015, the Full Bench of this Court also indicated the threat perception of the judges of the Court.
On 18.11.2015, directions were also issued to mobile service providers for furnishing information as regards SIM Cards activated by them, which were to be operational in the referred five districts of Garo Hills.
Thereafter, on 10.12.2015, this Court took note of the fact that the order dated 27.05.2015 had been affirmed by the Apex Court; and monitoring and implementation of the order dated 27.05.2015 was closed with other observations in the following:-
"4. We are informed by Mr R Deb Nath, learned CGC, that towards the compliance of directions issued vide the order dated 02.11.2015 asking the Central Government 2 to consider the use of Armed Forces (Special Powers) Act (AFSPA) in the Garo Hills area, the Central Government has set up a High Level Committee to examine the law and order situation in that area. However, it appears that the order dated 02.11.2015 has been thoroughly misunderstood and misinterpreted by certain interest groups. In the prevailing situation, our only concern is to protect the fundamental and human rights of the local natives; officials and other residents of the Garo Hills area from the incidents of kidnapping and killing.
Moreover, that part of Meghalaya is situated along the international border with Bangladesh, which also needs to be urgently and fully fenced. To sum up the legal position, We reiterate that as the order dated 27.05.2015 imposing ban on bandh culture in the State of Meghalaya has been affirmed by Hon'ble the Apex Court, therefore, the directions as provided in the said order have to be enforced and obeyed as the law of the land. Thus this case as regards monitoring the implementation of the order dated 27.05.2015 is closed and disposed of."
However, this Court expected response from the Central Government as regards the threat perception of judges and the requirements of security cover to them. Thereafter, some more directions for security cover to the retiring judges of this Court and corollary aspects, as regards accommodation to former Chief Justice and judges, were also taken up in the order dated 13.01.2016 with reference to the Sikkim State Guest Rules, 2007 and then, the desirability of the amendment of such Rules in the State of Meghalaya was also indicated in the order dated 27.01.2016. We need not elaborate on all these aspects for the reason that now, an affidavit has been filed on behalf of the Government of Meghalaya that Rule 10-A has been inserted in the Meghalaya State Guest Rules, 1991 that reads as under:-
"(10A) A retired Chief Justice and retired Judge of High Court of Meghalaya shall be treated as State Guest for the purpose of security, accommodation and conveyance and protocol only whenever such retired Chief Justice and retired Judge visit 3 Meghalaya, Kolkata and Delhi where the State Government has its establishment and such State Guest facilities shall be for a period not exceeding seven days."
In view of the above, as at present, no further order appears requisite in this petition and, therefore, the proceedings herein deserve to be closed.
The learned Amicus Curiae, however, submits that even though monitoring of the order dated 27.05.2015 was closed in the order dated 10.12.2015 at the given stage but then, for the peculiar nature of the issue addressed and looking to the requirements of public, the aspects relating to monitoring and implementation of the order dated 27.05.2015 and other directions issued in this matter may be kept open for revival/further orders, if and when required. The learned senior Government Advocate has, in all fairness, candidly supported these suggestions of the Amicus Curiae.
Taking note of the submissions so made, and while providing that this petition may be considered for revival on appropriate Miscellaneous Application and/or any further direction may be issued in the matter, if and when required, as at present, the proceedings in this petition stand closed; and this petition stands disposed of.
JUDGE CHIEF JUSTICE Sylvana Item No. 3 4