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Apex court tells GoI to look into imposition of ban on Mao tribe by SAPO

FILE PHOTO of Vehicles stranded during one of SAPO's bandh
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SAPO’s embargo on Mao Tribe members against access to National Highway No.2 (Asian Highway No.1) has severely affected movement of Mao Tribe members and the conduct of their business.

TFM Desk

In a significant development, a three-judge bench of the Supreme Court has asked the government of India to look into the issue of complete ban on settlement, residency, trade & commerce and movement of the Mao Tribe members in areas under the control of Southern Angami in Nagaland including National Highway No.2 (Asian Highway No.1).

The development followed a Public Interest Litigation (PIL) filed Khurajam Athouba, current Convener of the Mao-Imphal Market Co-Ordination Committee and Vice President, IPSA. The PIL was filed in connection to the current blockade and quit notice imposed/served by the Southern Angami Public Organization (SAPO) of Nagaland on the Mao Community of Manipur. It was filed under Article 32 of the Indian Constitution.

The three-judge bench comprising of the Chief Justice of India, Justice DY Chandrachud, Justice PS Naramsimha and Justice JB Pardiwala has asked the Union of India through its Solicitor General Tushar Mehta to look into the issue.

It may be recalled that since December 15, 2022, the Southern Angami Public Organization (SAPO) and the Southern Angami Your Organization (SAYO) had imposed a blockade on settlement, residency, trade & commerce and movement of Mao Tribe members through Southern Angami Tribe settled areas in Nagaland. There were reports of various incidents of violence including the burning of vehicles, harassment to Mao Tribe members and other unsavoury experiences.

The PIL was filed in the backdrop of such a blockade and incidents of violence purportedly linked to Southern Angami Tribe members’ supposed traditional rights over the 32.29 sq km Koziirii Forest and to two-third of the Dzuko valley (11.28 sq. kms.). On record, it shad been documented that areas falls under “the undisputed constitutional boundary of Manipur” as per the PIL.

It is stated that though efforts had been made in the past to resolve the issue through tribal bodies, nothing much has been achieved till now. The PIL argued that neither the State of Nagaland nor the Union of India has taken steps to safeguard the basic fundamental rights of the Mao Tribe for the past 105 days. Under such circumstances that it was considered necessary to approach the highest Court of India for its due intervention for speedy justice.

SAPO’s embargo on Mao Tribe members against access to National Highway No.2 (Asian Highway No.1) has severely affected movement of Mao Tribe members and the conduct of their business.

Mention be made that Khuraijam Athouba had filed the PIL in February, 2023 through his lawyer Ngangom Junior Luwang, Advocate, Supreme of India for the protection of the 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 these two organizations as unlawful associations under Section 3 of the Unlawful Activities (Prevention) Act, 1967.

After hearing advocate Ngangom Junior Luwang, the Solicitor General of India sought some time. The Apex court has listed the matter to be taken up on March 20, 2023 since it needed to be addressed in an urgent manner. The Solicitor General has been specifically asked to render all possible assistance.

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