The Survival Nagaland is compelled to issue rejoinder to the press statement of Chungtiayimsen Village Council that appeared in local dailies on August 25, 2016.
The unfortunate incident occurred when an SN member reported the presence of non-Nagas working in coal mining site as labourers without ILP. He went to the place where the labourers stayed and enquired if they had ILP but they had no idea what ILP was and did not possess any documents. The matter was hence reported to the administration as per the resolution of SN to report such cases to appropriate authority anywhere in the state and as a concerned citizen of Nagaland that cares for the future of our children.
The Sub-divisional administration responded to the call and conducted raid in the area. Few were arrested whereas some fled the place prior to the raid. The raid report is available with the authority should the public need reference.
It was not the intention of SN to publicly publish any particular village name. And assuming that the village where the incident occurred falls under Longtho area, the name of area was mentioned in place of the village name- “in an area of Longtho under Mokokchung district” in social media that was then extracted and published in a local daily on Aug 20, 2016. It was later learnt that the place where the ILP defaulters stayed was not in Longtho area but beyond it but within the district. This was an inadvertent error and Survival Nagaland would like to express our deepest regret and tender apology to Longtho Council.
Sequence of action initiated against Talisunep for reporting to the administration about ILP defaulters:-
ONE: On August 19, 2016, he was blindfolded, hands tied behind and severely beaten up by Yangatsung group (a group of married youths of Chungtiayimsen) while also verbally and mentally humiliating and torturing him. Photos of his injuries are available with SN.
TWO: August 19, 2016- House arrest. He suffered from abdominal pain and vomited blood after the beating that required immediate medical attention but was placed under house arrest till August 22, 2016. As Sunep was under house arrest, he was taken to Chungtiayimsen Primary Health Centre only on 21st August escorted by the police. He was attended by nurses as the doctor was out of station.
THREE: August 19, 2016- Sunep was taken to a brick kiln and made to sign a bond (under duress) to compensate the owner an amount of Rs 9,20,000/- in case the fled labourers (ILP defaulters) fail to report back to work.
FOUR: August 22, 2016- He was summoned to appear before the Chungtiayimsen Village Council on 22nd August 2016. The case ended with him paying a fine of Rs 500/- for informing the administration without firstly informing the Village Council. (SN has filed an FIR on 21st August for assaulting Talisunep).
FIVE: August 22, 2016- He was summoned to the Council Hall and made to type message and sent to two SN whatsapp chat groups at 12:13 AM and 12:46 AM respectively. It read “The report which I posted about the Bangladeshi immigrants living under Longtho area was reported without valid proof and is now confirmed to be baseless. I regret for the wrong information provided in this esteemed forum. Sorry for the inconvenience caused to one and all. Guys I am not under any duress behind this comment”.
August 23, 2016- He was made to sign a self declaration statement (pre-typed in their own words) stating that his report was false and baseless which was sent to local dailies for publication.
SN has no objection to Chungtiayimsen Village Council for practising their customary law under their village jurisdiction as empowered by Article 371(A) - Naga customary law and procedure. However, SN is utterly shocked that one of our members was summoned by the Council and penalised for reporting to the administration about ILP defaulters residing in the state. The council should have rather appreciated that Sunep has dutifully reported the illegal entry and residing of non-local people without valid documents in the state as per the Bengal Eastern Frontier Regulation, 1873. We are dumbstruck and concerned at the imprudent jurisprudence of the Council when Village Councils of other North Easter states have been earnestly demanding the implementation of ILP in their states.
The multiple harassments inflicted upon one of our member for no fault of his is unacceptable and incomprehensible when even some of their neighbouring villagers ensure that there are no IBI’s or non-Nagas living in their area without valid documents.
As such, SN requested the Administration to take up the case from DC level since ILP is a state subject. As per the written application submitted to Deputy Commissioner Mokokchung, the District Administration intervened. However, defying administration directive, the village council decided to go ahead and summoned Sunep on 22nd August 2016. Influx of illegal immigrants is a national concern and ILP, a state issue.
We appeal to the Deputy Commissioner, Mokokchung to intervene in the bond signed under duress between Talisunep and the brick kiln owner for compensation of Rs 9,20,000/- (rupees nine lakhs twenty thousand) if the labourers did not return in time. SN has taken serious note and shall not rest until such time the bond is declared null and void and the brick kiln owner held responsible of the unlawful action and its culpability accounted. (The signed paper is under the custody of the kiln owner).
The Village Council Act 1978 has laid down provision for village administration to deal with offender under section 15 (1)b, wherein it states “such person should be handed over to the nearest Administrative Officer or police station”
Section 15 (1)d, “to inform the presence of strangers, vagabonds or suspects to the nearest Administrative Officer or police station”.
Laws are made to protect individuals or groups in a society and discipline the wrong doers. In this case, it seems the law enforcing power has been handed to mistaken keepers. Survival Nagaland has hence lodged an FIR with the police.
SN would like to list out the defaulters caught on 18/ 08/16 by police in that area:
1. Abdul kalam(41 yrs) s/o-Amjad Ali
2. Abijuddin(20 yrs) s/o-Shajan Ali
3. Abu(27yrs) s/o-Asmad Ali
4. Muhamad(18yrs) s/o Abul Hadim
5. Samsul(18 yrs) s/o-Sazahan Ali
6. Abdur Monan(35yrs) s/o-Mobu Ali
7. Asadul Ali(19 yrs) s/o-Asmud Ali &
8. Rozob Ali(37 yrs)
(All 8 defaulters from Pomila Joromi village, Po/Ps-Karwa Tinali under Nowgaon district in Assam)
We have also learnt that the apex Ao Students’ body AKM has been working and preparing on screening the area clean of people residing illegally and without valid documents. SN regrets if this incident has caused any inconvenience to AKM. We assure better coordination and hope that AKM and SN will be a combined force in future as the nomenclature of Survival Nagaland itself was extracted with inspiration from Survival Mokokchung.
It is high time we the Nagas as individuals and groups, especially the law enforcing agencies and other stakeholders in both urban and rural areas comprehend the impending threat that the laxity in implementing ILP beckons. Let us not think only about today and for ourselves but foresee with rightful insight to safeguard our land, our future; for our children.
