A three judge bench of the Supreme Court of India comprising Chief Justice of India, Justice DY Chandrachud, Justice PS Naramsimha and Justice JB Pardiwala has asked the centre through the Solicitor General of India, Tushar Mehta, to look into the issue of complete ban on settlement, residency, trade and commerce and movement of the Mao tribe members through the Southern Angami tribe settlement areas in the state of Nagaland and through National Highway No. 2 (Asian Highway No.1).
Athouba mentioned that since December 15, 2022, SAPO and the Southern Angami Youth Organisation (SAYO) have imposed a blockade on settlement, residency, trade and commerce and movement of Mao tribe members through Southern Angami tribe settlement areas in Nagaland and various incidents of violence (burning of vehicles, harassment to Mao tribe members etc.) have occurred.
He stated that such a blockade and incidents of violence have been sought to be linked by the Southern Angami tribe members to their alleged traditional and tribal rights over the 32.29 sq. km Kozürü forest and to two-third of the Dzukuo valley (11.28 sq. km), which are otherwise within the undisputed constitutional boundary of Manipur.
“Though efforts have been made in the past to resolve the issue through tribal bodies, nothing material has come about till now. Most shockingly, neither the state of Nagaland nor the Union of India have taken steps to safeguard the basic fundamental rights of the Mao tribe for the past 105 days and it was in such circumstances that it was considered necessary to approach the highest Court of India for its due intervention for speedy justice,” Athouba said.
Most specifically, he stated that the embargo on Mao tribe people for access to National Highway No. 2 (Asian Highway No.1) has severely affected movement of Mao tribe members and their business.
Athouba had filed the PIL in the month of February 2023 through his lawyer, Ngangom Junior Luwang, advocate at Supreme of India, for due protection of the inviolable Fundamental Rights of the Mao tribe people by giving adequate security protection, due compensation of Mao tribe victims of the unlawful acts of SAPO and SAYO and for declaration of the two organisations as unlawful associations under Section 3 of the Unlawful Activities (Prevention) Act, 1967.
After hearing Ngangom Junior Luwang and the Solicitor General of India, Tushar Mehata, for some time, the Supreme Court has fixed the matter for hearing on March 20, 2023, since the matter was urgent. The Solicitor General has been specifically asked to render all possible assistance.
It was expected that the instant PIL could become a precedent from the point of possible legal ramifications on highway blockades by vested groups and serious inconvenience caused to the public.