Stop harassment by wrongful prosecution of Chakma's Activists: Complaint in NHRC
Feb 12, 2022
New Delhi [India], February 12 : The Chakma Development Foundation of India (CDFI) has filed a complaint seeking the intervention of the National Human Rights Commission (NHRC) allegedly against false prosecution of the Chakma human rights defenders/community rights.
According to the complainant, several Chakma defenders namely Kantimoni Chakma, Shanti Mohan Chakma, Sukra Chakma, Sunil Chakma, Sumar Jeevan Chakma, and Himanta Chakma of Dharmapur Village under Miao Circle, Changlang district, Arunachal Pradesh have been booked by the Additional Deputy Commissioner (ADC) order dated 10th February 2022 under Section 188 CrPC with respect to alleged violation of Section 144 CrPC.
On February 10, 2022, a complaint was filed by villagers of Neotan against the alleged removal of boundary pillars purportedly by these Chakma community rights activists.
In its complaint to the NHRC, the CDFI stated, on February 8, 2022, an Additional Deputy Commissioner (ADC) told a media house that he had admittedly not gone to erect the pillars. If the pillars were not erected, the question of removal does not arise.
According to the petition, the complaint was filed against one "Sri Shantimoi Chakma, Headman, Dharmapur II" by some people from nearby Neotan village but there is no person by the name "Sri Shantimoi Chakma" as Headman of Dharmapur II. Instead of identifying the real accused, the ADC initiated proceedings against a new person i.e. "Shri Shanti Moni Chakma, Headman, Dharmapur-II village" and started acting as the complaint, judge, and jury.
The plea also stated that there is also no specific averment in the complaint dated February 10, 2022, that the alleged pillars were purportedly removed after the imposition of the Section 144 CrPC on February 9, 2022. Without conducting any inquiry as to whether the alleged offense was committed after the imposition of Section 144 CrPC, the ADC issued the proceedings under Section 188 CrPC which amounts to putting the cart before the horse and prohibited under law.
"The Chakmas and neighboring communities have been living peacefully for the last five decades peacefully and the Buri Dihing River was the recognized natural boundary between Dharmapur in the North and neighbouring Neoton village in the South," stated Suhas Chakma, founder of the CDFI
"However, a problem started in November 2021 when the Chakma villagers of Dharmapur allegedly stopped one of the leaders of Neoton village, from illegally quarrying of boulders/stones from the new canal situated inside Dharmapur village for commercial supply to an illegal stone boulder/crusher nearby. The ADC instead of inquiring into the illegal quarrying sought to draw illegal and arbitrary boundary pillars between the two villages." - he added.
"The CDFI requested the NHRC to direct the State Government of Arunachal Pradesh and the Additional Deputy Commissioner, Miao to stop harassment of the Chakma community human rights defenders, ensure respect for the Supreme Court judgment National Human Rights Commission Vs State of Arunachal Pradesh and Anr of 9 January 1996 in letter and spirit, initiate the Contempt of Court proceedings against ADC for indirectly violating and scandalizing the Supreme Court judgment in National Human Rights Commission Vs State of Arunachal Pradesh and Anr of 9 January 1996; and direct the Director-General of Investigation of the NHRC to conduct an inquiry into illegal commercial quarrying from Buri Dihing river under Miao circle, Changlang district of Arunachal Pradesh," stated Chakma.
