Kohima, August 16 (MExN): Bandhs, strikes or agitations that involve blocking of National Highways or public roads, or disturb celebrations of ‘national days’ are punishable offences under various sections of law including the Indian Penal Code, Nagaland Home Commissioner Abhijit Sinha said on Tuesday.
Through an office memorandum issued via the state DIPR, the state Home Department reminded citizens that “any public gathering meant to express views, grievances or otherwise, without prior permission of the competent district authorities is illegal.” Any purported grievances for any agitation should be brought to the notice of, and pursued with, the concerned Government authority for appropriate action, Sinha stated in the memo.
Further, district authorities are also empowered under law to firmly deal with those indulging in actions which violate the law or create law and order problem or disturb the existing atmosphere of peace and public tranquillity or cause nuisance and obstruction to general public, the office memo read.
In this connection, Sinha noted that certain individuals, organisations and associations call for bandhs, strikes, or agitations, blocking National Highways and public roads in the State as a mode of agitation to press for their grievances. In this regard, he stated that “blocking National Highways and public roads is a punishable offence under relevant sections of National Highway Act 1956, the Prevention of Damage to Public Property Act 1984 and Indian Penal Code.”
Further, in various judgments of the Supreme Court and High Courts, it has also been held that bandhs and road blockades are illegal and unconstitutional and organisers must be prosecuted, he stated.
Similarly, the Home Commissioner stated that in some cases, as a part of agitation to press for certain local demands, “calls are given for disturbing celebrations of National Days or forcefully preventing law abiding citizens from participating in such celebrations and functions.”
“It may be stated here that any forceful act with intent to disturb the celebrations of the National Days is illegal and a serious offence and the culprits are liable to be prosecuted under relevant sections of law,” he said.
The Home Commissioner said that the District Administration and Police officials should appropriately sensitise the organisations, groups concerned that have any pending grievance or have given a call for disruptive agitation. In the case of any violations on the part of any individual, group, or association, the authorities concerned should initiate appropriate action under the relevant provisions of Indian Penal Code, the Prevention of Damage to Public Property Act 1984, the National Highway Act 1956 and such other appropriate Laws depending upon the violations, disruptions, disturbances caused, Sinha added.
Meanwhile, the office memorandum also provided an ‘illustrative list’ of provisions which may be invoked depending on the situation. The list, among others, included a number of sections under the IPC such as Sections 143 and 147 which cover ‘unlawful assembly’ and matters related to ‘rioting’ respectively, as well as sections of the National Highway Act 1956, the Prevention of Damage to Public Property Act 1984.
“This list is not exhaustive and other Laws as applicable may also be invoked by the law enforcing agencies,” it added.
