Manipur High Court Orders Withdrawal Of Pending Criminal Case Against Mizo National Front Members For Offences During 1984 Underground Movement
Yash Mittal
24 July 2024 9:49 AM GMT
The Manipur High Court on Tuesday (July 23) directed the Union and State Government to withdraw the pending criminal case against the Mizo National Front (MNF) personnel against whom summons were issued in a 1984 case despite an assurance made by the Union Government that no new cases would be registered against the MNF personnel's and pending cases would be withdrawn.
A Memorandum of Settlement was made on 30-06-1986 involving the Government of India, the Government of Mizoram, and the MNF, wherein the assurance was made to the MNF that the state government would abstain from prosecuting MNF personnel for committing a crime during the underground activities if they abjured from violence and give up their arms, ammunition, and equipment to restore normalcy and peace in the area.
Also, it was assured that the pending criminal cases would be withdrawn against the members.
However, in the year 2000, a summon was issued to the petitioners in a 1984-year case when the petitioners were involved in underground activities.
The Petitioner contended that the government ought to withdraw the pending criminal case against them based on the Settlement reached in 1986.
However, the Government contended that the settlement bars the government from withdrawing cases for offences committed outside the State of Mizoram. Since the offence was committed in Manipur, therefore, the settlement would not have any effect.
Rejecting the Government/Respondent's contention, the Bench comprising Justice Ahemthem Bimol Singh said that there was no record to indicate that such a decision would confine to or in respect of offences committed by the personnel of MNF within the State of Mizoram.
"When there is no material available on record to indicate that the decision of the Government of India will be applicable and confines to only those personnel of the MNF who have committed offences only in the State of Mizoram and not in any other State, this court is of the considered view that the reason given by the State of Manipur and Union of India for refusing to withdraw or close the criminal cases pending against the petitioners is misconceived, unfounded and unsustainable before law as no specific territorial limit had been mentioned in the said Government of India's decision.", the court said.
Since the petitioners were able to make a strong case for the Court's interference, the Court directed the Respondents to take necessary steps to withdraw prosecution of the petitioners within three months in connection with the criminal case pending before the Chief Judicial Magistrate, Churachandpur or to close the said criminal case so far as the present petitioners are concerned.
Case Title: Sri Lalbiakhluna & Anr. Versus The State of Manipur & Ors.
