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Friday, 08 November 2019 - Imphal Times

Manipur High Court summon T. Bimolchand for “Criminal Contempt”; Directs to appear at Court on November 15

IT News

Imphal, Nov 8

Division Bench of the Manipur High Court comprising of Justice L.S. Jamir and Justice Kh. Nobin has taken up a suo motu criminal contempt case against Tongbram Bimolchand (35 years) son of T. Jugin Singh of Keirenphabi, Bishnupur District for his criticism against the integrity of the judgment passed by the same bench on October 18, 2019 in connection with the quashing of the MPSC main exam 2016.

T. Bimolchandra , is one of the selected candidates of the MPSC Examination , 2016. In a programme telecasted at IMPACT TV (a local Cable Network) on November 3, 2019 at 6 pm on a programme called Agenda Manipur, Bimolchandra had expressed his doubts on the judgment passed by stating that the two judges did not have the idea of under what article of the constitution of India the Manipur Public Service Commission (MPSC) was established.

In the hearing of the case the court observed that Bimolchandra, who is one of the panel of the Cable TV programme said that para 22 of the judgment dated 18 October 2019 in W.A. No. 19 of 2017 etc at No. 147, passed by the High Court of Manipur, it is written that MPSC was established in terms of the provision of the Article 320 of the Constitution of India, emphasizing the article 320 only , thereby stating that MPSC was established under the provision of Article 315 not under the provision of Article 320. The Court observed that Bimoclchand  had expressed his doubts on the Judgment passed by the judges . He also stated that the spelling of India was wrongly written as Inidia .

Bimolchandra further stated that vide order dated 20/11/2018  , Justice Nobin had constituted another Committee comprising of Jugindro and Kol but did not explain the particulars of the member .

The Court produced the judgment and stated that it was written Article 315 in the fifth line of the relevant document (original) he had stated. And regarding his criticism on the constitution of committee comprising of Jugindro and Kol, his allegation falls under the “Criminal Contempt “ as stipulated under Section 2 (C ) of the Contempt of Court Act , 1971.

“Criminal contempt” means the publication (Whether by words, spoken or written, or any signs or by visible representation or otherwise ) of any matter or doing of any other act what so ever which – (i) scandalizes or tends to scandalize , or lower or tends to lower the authority of , any Court; or (ii) prejudices , or interferes or tends to interfere with, the due course of any judicial proceeding; or (iii) interferences or tends to interfere with, or obstructs or tends to obstruct the administration of justice in any other manner .

The Division Bench later directed Bimolchand to personally appear before the court at 10.30 am sharp on November 15.  

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Jenny Cardenas & the Bolivian Capihuaras performs Musical Night

DIPR
Imphal, Nov. 8

A Musical Concert by Jenny Cardenas & The Bolivian Capihuaras (from Bolivia) performed at Manipur Film Development Society (MFDS) Auditorium, Palace Compound, Imphal with Governor Dr. Najma Heptulla as the Chief Guest yesterday evening.
Addressing the gathering as Chief Guest, Governor said that organizing this kind of musical concert from a foreign country will help in enhancing the popularity of music. The musical concert by the renowned singers of Bolivia will help in exchanging valuable views and promote the diverse cultural activities of the country in general and the State in particular.
Music and dance are torch bearers and their studies provide not only a cultural and traditional glimpse of society but also reflect its vast image.  Music brings out the traditional richness and beauty of the people through the language of common and unassuming people.        
She expressed her confidence that the ICCR’s endeavor to keep performing various Musical Concerts will disseminate message to the people of the country as a whole for bringing peace and harmony in the society. She also congratulated Indian Council for Cultural Relations for hosting Latin America Festival in different parts of the country and for presenting the concert in Manipur with collaboration with the Department of Art and Culture, Government of Manipur. Such kind of cultural exchange programmes will strengthen the relationship between India and rest of the globe, she added.
The musical event was presented by Indian Council for Cultural Relations, Regional Office, Shillong in collaboration with Department of Art & Culture, Govt. of Manipur.         
Padmashree Dr Elam Indira Devi attended the function as Guest of honour, while
Regional Director, Indian Council for Cultural Relations, Shillong N. Munish Singh, also attended among others.

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DC Imphal West denies information sought through RTI

IT News

Imphal, Nov 8

Office of the Deputy Commissioner Imphal West has denied giving information sought through Right to Information Act (RTI), 2005 to a citizen of the country. The office of the Deputy Commissioner Imphal West also degrade the Manipur Information Commission by not appearing and filing written statement over the reason for failure to provide information sought by Yengkhom Praveena Devi, daughter of Y. Shyamo Singh of Khongman Mayai Leikai, Imphal East.

Yengkhom Praveena Devi had sought information about the procedure for mutation of land with record of Jammabandi/Patta No. 216(old)/ 397 (New) covered by C.S. Dag No. 1110 measuring 0.12920 acres situated at 47-Chingamakha Village. The applicant, who is a citizen of the country had sought information by providing a copy of the mutation petition and its procedure of the said land among others.

Yengkhom Praveena Devi sought the information from the (SPIO) DC Imphal West first on July 30, 2019. After the DC Office did not give any reply she again sought the information from the Revenue Commissioner on September 4, 2019 and after failure to provide the information the appellant appealed the matter to the Manipur Information Commission on October 14, 2019. The commission after hearing the matter on October 15, 2015 summoned the authority of the office DC Imphal West to appear and file a written statement today (Nov. 8, 2019)   at 11.45 am.

However, without giving any proper lawful explanation, none of the authority of the DC Imphal West Office appeared before the commission. The Commission reserved the order but stated that the matter will be heard and determined in the absence of the DC office.  

Image Source: Moneylife

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MP Dr. Ranjan emphasis the significance of celebrating Ningol Chakkouba

IT News

Jiribam,Nov.8

MP of the Inner Manipur Parliamentary Constituency Dr. RK Ranjan stressed on the significance of Ningol Chakouba Festival today.

Ningol Chakkouba – is the festival of reunion of Family members, Dr. Ranjan said while attending the celebration at Goakhal of Borobekra Sub Division of Jiribam District. Ningols (Married sisters) of Bishnupriya and Meetei attended the programme organised by Goakhal Farmers’ Club. 

Speaking at the programme, MP Dr. RK Ranjan Singh said once the Maharaja’s of Manipur invited their Married Sisters and relatives for feast at their parental family but nowadays many communities also have started to celebrate it as it emphasis the importance of happiness and reunion of family. He added, the Ningols have brought many things which show the United strength of Manipur. He also sought the blessing of Ningol so that it will encourage and help to protect and also to keep the State intact.

Thereafter, the women who attended the celebration were served with lunch and gifts were presented. The celebration also acts as a platform for increasing mutual trust and confidence among the communities.

Local MLA Md, Ashab Uddin, Adhyakshya Jiribam  K. Janaki Devi, Ex- Minister, Jiribam A. Biren singh, Mayanglambam Rajkumar singh, DC, Jiribam, M. Mubi Singh, SP, Jiribam District Police and L. Veerjeet Singh, BJP Protocol officer and Media Advisor to President graced the programme as dignitaries. 

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National Scholarship Portal(NSP) training conducted in Tamenglong

DIPR

Tml. Nov. 7

To Ensure timely disbursement of Scholarships to students and to provide a common portal for various Scholarships schemes of Central and State Governments a training programme of National Scholarship Portal(NSP) for pre-matric and post matric scholarship scheme for S/T students 2019-2020 was conducted at Zonal Education Officer (ZEO) conference hall in Tamenglong Headquarters.

The program is jointly organised by Department of Tribal affairs and hills and District Administration of Tamenlong.

Kakai Singshit, ATSUM, Education Secretary, stated that since many students avail more than two scholarship from the state and central government this national scholarship portal (online registration) has been started to check availing for more then two scholarship.

Rocky Pebam, IT expert MOBC demonstrate power point presentation of national scholarship portal online registration in details of do’s and don’ts and the documents requirements for the scholarship registration.

School headmasters, college principals, ZEO Education staff and staff of private schools and colleges also attended the program.

It may be mentioned that NSP will single integrated application for all scholarships and will also reduced duplicates maximum to the extent.

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Civility matters; but is in the corss road

The journey towards the building of a new identity, today crosses halfway. To be or not to be, is now left to the court of those who believe in one history, one language and religion as the necessity of strengthening this nation (famous for its unity in diversity, once upon a time).  For one reason the journey of making a new identity is important as it is a must to destruct into pieces the identity of an already existed nation that will remain a stumbling block to the making of a one idea nation. Yes, the historical facts about the existence of Manipur as a sovereign kingdom will either perish or will have no significance to the process of making a new one religion and one language nation if the history has been distorted. Propagating a group as mother of the cause by empowering them with all possible assistant for almost two decades and finally subjugating the political spirit fighting for the restoration of pre-1949 status is finally what has been seen today. Neither the sacrifices of thousands martyrs has been honoured nor the portion demanded has been demarcated, but all is well settled at the cost of a history of one of the oldest democratic Asiatic kingdom.
Confused rivalry in the race for power believes in existence for ‘now’ have been injected too much hate to people, that even the learned now feels that Mughals had humiliated the Hindus. Never in the History of India, no chapter of Mughals humiliating the Hindus is found. The series of incidents happened, were never about religion or believe but for power. They played fair game honouring all communities, languages and religions. Might and wisdom were the then ruler and the beauty of the then Hindustan was considered by every people as a land more beautiful and prosperous then the Rainbow.  Everyone knows today’s superpower America was discovered while Columbus was on his way to find the sea route to this country.
Slowly, the golden era of Mughals is dying from the chapter of history subjects taught in the Country’s education curriculums. The matter is now an interesting part to the western historians these days and is a subject often talks in academic discourse on international studies.
For this Asiatic nation, which had a written constitution before the country of today, there is not a single page open in the school curriculum for youths. Youths of today are not taught on how, where and when this erstwhile kingdom became a part of this big nation in the process of making. Some few years back scholars started arguing the legitimacy of our presence within this nation and finally even the one time top bureaucrat of the government today said that the country had committed wrong by not recognizing the history of this land. When people across the nation (in the process of making) started understanding the real issues of the region, people are left in crossroad. People are now left to choose different boats with different captains and the joy of riding the same ship with the spirit of brotherhoods will be history which will have no significance to the present day political scenario.  It’s now an interest of the international community to watch on the fate of the young nation. A civility to the issues of today will only be blessed if we learn on how to be a human being.

Rule of Law in Kashmir: An Introduction

By- Inamul Haq
Research Scholar, Central University of Gujarat.

After the abrogation of Article 370 and 35 A by the Indian government, the valley was turned into prison. Curfew, communication blockade, internet shattered, and heavy militarization were established in each and every corner of valley. However, civilian deaths declined throughout the autumn, by organising salient protest prompted Indian newspapers to announce a return to normalcy in Kashmir. According to H. Duschinski and S. N. Ghosh, established across decades of conflict, the media frame of “return to normalcy” characterizes politics in the region as a cyclical rise and fall of mass uprising and state repression in Kashmir Valley, and a recurring escalation and de-escalation of cross-border armed hostilities and diplomatic tensions between India and Pakistan (2016). This account has become especially dominant since the beginning of the current phase of the resistance movement in 2008, 2009, 2010, 2016, 2019 and it is aligned with India’s longstanding military–political strategy for managing Kashmir, which has produced what Paul Staniland (2013, 932) calls a “paradox of normalcy” wherein the opponents are arbitrarily detained and other side electoral competition is encouraged. Besides that, the rule of law is hailed, but state accountability is extremely weak; and generally non-violent mass mobilization is met with heavy-handed security forces.” (2016). The article will focus the rule of law with the present situation of Kashmir.
According to Jeremy Waldron, the rule of law is considered as one of the important political ideals of the contemporary period. It is one of the principles of modern political morality, human rights, and democracy. There is the importance of the rule of law as it is invoked whenever the authorities are using their illegal measures and oppressive actions and ignoring the norms and procedures laid down by the country’s laws or constitution. The interfering of state with the judiciary, arresting without legal procedure, detained without due process are being treated as abuses to the rule of law.
History had witnessed a huge number of authorities and regimes that have ruled their reign through their own laws, which were severe in nature. These regimes used laws to crackdown the society and anyone challenging their power was being dealt with the rule of law that is being applied uniformly across the society. The examples of Mussolini, who created the Italian fascist party, the Nazi party of Hilter and the communist party of Mao Zedong in China and similarly Modi, who is on the edge to create Hindutva. These leaders, who used the rule of law in an authoritarian way to justify their tyrannical regimes.  
In the contemporary era, the rule of law is also being violated by interfering in the judicial matters and carrying out illegal detentions without the safeguard of procedure established by law. There are significance and relevance of the rule of law with human rights as it provides the foundation of equality, development, accountable government and respect for human rights. The rule of law springs from the rights of an individual developed throughout history. The development and birth of human rights are inextricably linked with the dynamics and progressive advancement of the doctrine of the rule of law. There is a close relationship between rule of law with human rights as rule of law is the implementation mechanism which turns them from principle to reality.
As per Scheuermann, after the end of the cold war, there comes the terrorist attack of September 11, 2001, which opened the doors not only in the United States but to the rest countries to extensions of discretionary forms of emergency executive authority in the nature of the emergency. The state of emergency is known by different names like the state of exception, the reason of state, state of siege is a condition, in which a state is facing the moral threat and in response, the state is indulged in such things that would never be justifiable even in normal times.
The question arises that can emergency becomes justifiable in the contemporary period, when there are international human and humanitarian laws that do not allow the violation of liberty even in war crisis. The emergence of democratic and constitutional democracies has created justifications for using violence in order to combat the threat. However, democracies have embraced both separation of powers and justiciable system of rights, which cope with an emergency in terms of viability and accountable government. Moreover, constitutional democracies are having long term respect for human rights in the constitutional order.
In the early 18th and later 19th centuries, the European constitutions elaborated the idea of the state of emergency. The French constitutions of 1795 and 1800 were written for a time of emergency. Both these constitutions gave unlimited powers to the head of the state and did not ensure separation of power and respect for human rights. Similarly, after the end of the First World War, the Weimar Constitution (1919) was written in Germany tried to ensure constitutional failure in the time of emergency did not occur. The drafters inserted Article 48, that defines the constitutional state of emergency. The article 48 gives the president extraordinary powers to cope with extraordinary threats to the state. Besides that, it ensures the president to suspend the basic rights and use military might to fight the threat. The use of unlimited powers given by Article 48 created chaos in terms of violence, economic crisis and political disagreements. The Weimar constitution was sacked by Germany and Carl Schmitt also played a role in it. Carl Schmitt who gave the concept of the state of exception justified it in a constitutional democracy (Ibid). In his work ‘Political Theology’ he started with the sentence that “sovereign is he who decides on the exception”. Schmitt connects the sovereign with the capacity to define when a situation can be handled within normal rules and it must be treated as an exception to normal governance. He stated that a sovereign has the ability to operate outside the juridical normality. According to him “the precise details of an emergency cannot be anticipated, nor can one spell out what may take place in such a case, especially when it is truly a matter of an extreme emergency and of how it is to be eliminated. The precondition, as well as the content of jurisdictional competence in such a case, must necessarily be unlimited. From the liberal constitutional point of view, there would be no jurisdictional competence at all. The most guidance the constitution can provide is to indicate who can act in such a case” (Schmitt, 2005).
According to Scheppele that in a constitutional state, the rule of law restrains the ruler for using power. However, the rule of law cannot restrict the ruler in the exception, because exception makes visible the incompleteness of the constitutional design by its nature. it forces the sovereign to act outside the rules and regulations in case of emergency. In such a situation, the sovereign has all of the powers to justify the emergency in order to cease the situation and reimpose the rule of law.
Carl Schmitt favours that the leader of the state should be allowed to do everything to protect law and order.  Historically, the state of exception has its influence on the political and legal aspects of an individual. During this period, there remains the suspension of normal functions of government, suspension of civil liberties, such actions are political and are having an influence on the basic rights of the citizens.
The present scenario of the state of Jammu and Kashmir represents the same image as within the abrogation of article 370 and 35 A thousands of people including politicians were arrested and detained under Public Safety Act. The communication blockade that remained around 80 days proved that rule of law is a myth in India and revised the dictatorship of Hitleronce again.

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