Manipur government has to respond to Supreme Court’s directive on the drug case on or before 29 April and it has to state why it did not pursue the case. The matter was heard by Supreme Court Justice SK Kaul and Justice MM Sundresh at Court number 6 on Friday.
TFM Desk
The Supreme Court on Friday pulled up state of Manipur over the sensational Zou drug case. The apex Court has asked the government why it did not go for an appeal in the well-known drug haul case. Manipur government has to give a reply in this regard on or before 29 April to Supreme Court stating why it did not pursue the case. The matter was heard by Supreme Court Justice SK Kaul and Justice MM Sundresh at Court number 6 on Friday.
The counsels who appeared for the petitioner Maibam Jogesh and others through virtual hearing were Colin Gonsalves, M Gunedhor, Chongtham Victor and Olivia Bang.
It may be mentioned that in May, 2021, the High Court of Manipur has dismissed a petition seeking special leave to appeal special (ND & PS) court’s December 17, 2020 judgment acquitting former Chandel ADC chairman Lhukhosei Zou and six others in multi-crore drug haul case. The petition was filed by four members of The 3.5 Collective. The petitioners —Maibam Jogesh, Geetchandra Mangang, Ramthing Hungyo and Babloo Loitongbam — prayed the High Court to grant special leave to them to appeal the judgement and order dated December 17, 2020 passed by the Special Court, (ND&PS) acquitting the accused persons in the interest of justice.
Dismissing the petition, the high court said law does not permit the private individuals like the petitioners, who are not victims or informants, to carry an appeal against the acquittal judgment. “Likewise, the organization like The 3.5 Collective also cannot carry an appeal against the acquittal judgment on the ground that they are fighting for a social cause.” It added. The high court further said ultimately it is the state to prefer an appeal against the acquittal judgment dated 17.12.2020 passed in Special Trial Case No.100 of 2018 and this court cannot force the State to file an appeal against the acquittal judgment dated December 17, 2020.
The Manipur High Court had observed that the petitioners who are individuals seeking leave to file appeal against the December 17 acquittal judgment if granted it would be a dangerous doctrine and would cause utter confusion in the criminal justice system. Further, the petitioners have failed to produce any authoritative pronouncement of the highest Court to show that they are entitled to seek special leave to appeal against the acquittal judgment, it added. The court also said it is of the view that no legal right is made out by the petitioners to seek special leave to appeal against the December 17 judgment passed in the Special Trial Case No.100 of 2018.
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HC junks 3.5 Collective’s plea for special leave to appeal Zou’s acquittal
And in April 2021, the union home ministry has taken note of grievance raised by various organisations including The 3.5 Collective on increasing drug menace in the state. The union home ministry North East Division issued a directive to the chief secretary, government of Manipur on March 25, 2021. In the directive, deputy secretary NE(II) RK Pandey has asked the state government that a suitable reply may be sent to the applicant directly.
Drawing the attention of prime minister Narendra Modi and union home minister Amit Shah, The 3.5 Collective had requested the central government for action to prevent Manipur from becoming the next Golden Triangle.
It said that for almost half a century Manipur has been a transit point for illicit drugs from the infamous “Golden Triangle” to India and beyond. “In the last decade the scenario has compounded with the en-mass cultivation of poppy in the hills and opening up of manufacturing units,” it claimed. The human, ecological, social, economic and political cost of the menace could be nothing but devastating, it added.
Citing the report of the Ministry of Social Justice and Empowerment, Government of India, entitled Magnitude of Substance Use, 2019, The 3.5 Collective said the tiny state of Manipur with a population of less than 0.4% of India has 14.22 % current opioids users. “The teenagers and youth are the most vulnerable and even adolescent girls are falling prey to drug abuse making their future and that of their families grim. This degradation of the societal fabric can have far-reaching consequences” It added.
In almost all the Hill Districts in Manipur poppy is cultivated en-mass with full knowledge and acquiesce of the authority concerned. Even though the land holders can be booked under the Narcotic Drug and Psychotropic Substance Act, 1985 (ND&PS), not a single person is arrested in connection with the poppy cultivation till date, said The 3.5 Collective.
Saying that the area under poppy cultivation is expanding exponentially, The 3.5 Collective stated that the threat of the poppy cultivation also adversely affects the ecological balance, as the cultivation is done at the cost of ever increasing deforestation, excessive application of weedicides, pesticides, salination of soil and extensive use of chemical fertilizers.
It further stated that the drug usages and trafficking also have a direct relationship to the dynamics of structural violence in the state. “The money earned by the drug-lords is leading to the deterioration of societal fabric and has been giving rise to crime and the economy of violence. A significant percentage of local populations’ income generation, directly or indirectly, becomes dependent on this economy. Its corrupting influence has weakened and corroded the vital institutions of the state including the law enforcement agencies, the judiciary and the legislature,” it added.
The 3.5 Collective also said the role of drug money during election and formation of government is widely talked about amongst the public. The illicit drug trafficking and narco-terrorism in Manipur have grown enormously in sophistication and volume and have undoubtedly emerged as a significant long-term security threats not only for the North-eastern region but also the whole of India, it added.
Further the collective said, “The Manipur State Policy on Psychoactive Substances 2019 is rather weak on the Supply Reduction component. It is ironical that despite of the magnitude of the problem Manipur is yet to come out with a comprehensive rule under the ND&PS Act, 1985.” ‘
It seems the institutions are kept deliberately weak so that the powerful operatives inside State and Non-State power structures can thrive from the illicit trade, it had said.
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