Union Government Notification proscribing the Achik National Volunteers Council (ANVC) and the Hynniewtrep National Liberation Council (HNLC) in Meghalaya

NO.POL.40/2003/142. The following Notification issued by the Government of India Ministry of Home Affairs New Delhi is republished for general information.

In the matter of: Notification No. S.O. 1203(E) dated 16.11.2002. Government of India, Ministry of Home Affairs, Part-II, Section (ii), declaring Achik National Volunteer Council and the Hynniewtrep National Liberation Council of Meghalaya, as unlawful associations.

1. By Notification No. S.O. 1203(E) published in the Gazette of India (Extraordinary) on November 16, 2002; the Central Government, Ministry of Home Affairs is exercise of the powers conferred by sub-section (1) of section 3 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as the Act), declared the Achik National Volunteer Council (hereinafter referred to as the ANVC) and the Hynniewtrep National Liberation Council (hereinafter referred to as the HNLC) of Meghalaya to be unlawful associations on the ground that the said organisations have as their professed aim and objective the secession of the State of Meghalaya from India through violent means by attacking the security forces and the civilian population in Meghalaya. They have been making efforts to establish contacts with sources abroad for influencing public opinion and for securing their assistance by way of arms and training for the purpose of achieving their secessionist objective.

2. It is stated in the notification that (a) there have been repeated, continuing and on going acts of violence and attacks by armed groups and members of the ANVC and the HNLC, on the Security Forces and the civilian population; (b) there has been an increase in the strength of ANVC and HNLC; (c) there has been continued collection of funds and extortions and acquisition of sophisticated weapons by the ANVC and the HNLC; and (d) the camps in some neighbouring countries continue to be maintained by the ANVC and HNLC for the purpose of sanctuary, training and clandestine procurement of arms and ammunition.

3. Since in terms of the Act, a reference has to be made to the Tribunal for the purpose of adjudicating whether or not there was sufficient cause for declaring the aforesaid associations, namely, ANVC and HNLC as unlawful associations, the Government of India issued a notification dated 14.12.2002 under sub-section (1) of Section 5 of the Act constituting this Tribunal for the purpose of adjudicating whether or not there was sufficient cause of declaring the said two organisations as unlawful associations. The said notification reads as under:

S.O. 1318(E):- In exercise of the powers conferred by Sub-section (1) of Section 5 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967) the Central Government hereby constitutes "The Unlawful Activities (Prevention) Tribunal" consisting of Shri Justice M.K. Sharma, Judge of the Delhi High Court for the purpose of adjudicating whether or not there is sufficient cause for declaring the Achik National Volunteer Council (ANVC) and Hynniewtrep National Liberation Council (HNLC) as unlawful associations.

[F. No. 9/6/2002-NE-I]

P.K. JALAJI, St. Secy."

4. The object of declaring the aforesaid organisations as unlawful organisations under the Act was that the said two organisations are secessionist outfits. ANVC was formed in December 1995 with the aim of among other things, liberation of Garo Hills to achieve a new state of "Achik Land". The activities of the outfit are mainly confined to the East Garo Hills of the State. The outfit has been maintaining close connection with National Socialist Council of Nagaland (Isak Muivah) [NSCN(I/M)]. HNLC has its influence in East and West Khasi Hills Districts. Both these outfits have maintained close links with not only NSCN(I/M) but also with other North East militant outfits like the ULFA, NDFB. Some of the reasons which have been cited by the Government of India in support of continuation of the ban and extension of notification declaring the ANVC and HNLC as unlawful organisations under the Unlawful Activities (Prevention) Act for a further period of two years are as follows:

i. Continued espousal of the policy of secession of Meghalaya from India;

ii. Continued engagement in activities and prejudicial to be sovereignty and integrity of India;

iii. Continued adoption of violence and terror throughy armed action as means for achieving their objective;

iv. High levels of extortions and illegal tax collections from the public including businessmen, traders and even government employees;

v. Links and support to other North-East militant groups and with neighbouring countries; and

vi. Procurement of large number of sophisticated arms and ammunition through clandestine channels or by snatching from various security forces;

5. It was felt that unless the aforesaid organisations are declared unlawful organisations and the notification is extended, these organisations may take undue advantage of the situation and mobilise their cadres for escalating secessionist and subversive, terrorist and violent activities. It was also felt that it may provide an opportunity to the leadership of these organisations to openly propagate anti-national activities in collusion with foreign powers inimical to India’s security concerns.

6. On receipt of the reference vide order dated January 14, 2003 notices were issued under section (2) of section 4 of the Act to the ANVC and the HNLC calling upon them to show cause within thirty days from the date of service of service of the notice why they should not be declared unlawful and an order should not be made confirming the declaration made in the Notification dated November 16, 2002. Notices were directed to be served I the same manner as the notification had been served by the Central Government by serving through two daily National newspaper and two local newspapers circulated and published in Meghalaya as well as by broadcasting on radio and television. Notices were also directed to be served by pasting the same on the notice boards of the offices of each of the District Magistrates of all the seven districts. It was also directed that a petition box with words "Petition Box" for Unlawful Activities (Prevention) Tribunal for the ANVC and the HNLC inscribed on it. For receipt of any reply/petition be installed at a conspicuous place outside the office of the district Magistrate/Deputy Commissioner, Shillong, Meghalaya and the Deputy Commissioner, Tura, West Garo Hills, District Shillong, Meghalaya and such petitions/replies received/filed in the petition box, if any, shall be immediate transmitted to the Tribunal by the respective Deputy Commissioner/District Magistrates to enable the Tribunal to pass appropriate orders thereon. The Central Government filed an affidavit of Shri Ram Phal, Under Secretary, Ministry of Home Affairs, dated February 15, 2003 stating that notice was published in three local newspapers, namely, ‘Shillong Times’ dated January 17, 2003. ‘Mawphor’ dated January 16, 2003: and ‘Salantini Janera’ dated January 17, 2003. Copies of the newspaper clippings were also filed along with the affidavit. It is also stated in the affidavit that the contents of the notice were broadcast through Shillong Station of the All India Radip; that the notice was also telecast by the Doordarshan Kendra Shillong; that the notice was pasted on the notice boards in the offices of all the seven Deputy Commissioners in the State of Meghalaya; and that the petition boxes were installed in the offices of the Deputy Commissioners of East Khasi Hills District, Shillong, and West Garo Hills District, Tura. Another affidavit of service was also filed by Shri G.P. Wahlang, Principal Secretary to the Government of Meghalaya, Political Department, Meghalaya. On the direction of the Tribunal affidavits were filed by the Deputy Commissioners, East Khasi Hills District, and West Garo Hills, Tura, Meghalaya, stating on oath that no objection or representation was found in any of the petition boxes which ere installed pursuant to the orders of the Tribunal. No opposition was filed by any of the parties including the ANVC and the HNLC, and none appeared on behalf of the ANVC and the HNLC on the date fixed. In view of the same, the ANVC and the HNLC were proceeded ex parte and the Central Government and the State Government were directed to lead ex parte evidence. Accordingly, the matter was fixed for recording ex parte evidence at Shillong on March 15, 2003 onwards. Pursuant to the said order, sitting of the Tribunal was held in Shillong on 15^th March, 2003, when evidence adduced by the Central Government and the Govt. of Meghalaya was recorded.

7. The Central Government, in support of its case, was examined through Shri Ram Phal, Under secretary, Government of India, Ministry of Home Affairs, who also filed his affidavit dated February 14, 2003. He has stated in his affidavit that both ANVC and HNLC are secessionist outfits. ANVC was formed in December 1995 with the aim of among other things, liberation of Garo Hills to achieve a new state of ‘Achik land’ and that the activities of the outfits are mainly confined to the East Garo Hills of the state. It has also been contended in the affidavit that the said outfit has been maintaining close links with National Socialist Council of Nagaland (Isak Muivah) {NSCN (I/M)} in its violent activities. In paragraph (3) of the said affidavit Mr Ram Phal has stated about the other organisation, namely, HNLC contending, inter alia, that the said organisation is also a secessionist outfit and has influence in East and West Khasi Hills Districts. He has stated that the said outfit has been able to raise large sums of money regularly through looting and extortion, mostly from non-tribal businessmen and that most of the money from such extortion was being utilised for procuring weapons and training of its cadres. He also stated that the outfit has already procured some sophisticated weapons and has close connections with HSCN(I/M) and also Inter-Services Intelligence through Bangladesh agencies. It is also stated that HSCN(I/M) has been helping the HNLC and ANVC in procuring of arms training of their cadres and in their operations in Meghalaya, besides providing their camps as hideouts. He in his affidavit has annexed a detailed report of major instances of violence committed by ANVC and HNLC during the years 1999, 2000, 2001 and upto May 2002 which is annexed as annexure-II. Along with the said affidavit a resume giving details of the various activities being carried out by the two organisations have been set out. During the course of his deposition. Shri Ram Phal has reiterated all the aforesaid statements made in his affidavit. He has also proved the aforesaid resume indicating the various activities of the two organisations which is proved as Ex. CW-1 and CW-2. The said two exhibits set out at length the aims and objectives of both the organisations, names of their offices bearers and the violence profile and also giving details of their links with other North East Extremists groups. The said exhibits also indicate the foreign links of both the outfits. CW-3 is also proved by Mr Ram Phal which gives a list of major incidents of violence committed by the two outfits during the years 1999, 2000, 2001 and upto 31^st May 2002.

8. The State of Meghalaya also filed their affidavit through Shri G.P. Wahlang, who is the Principal Secretary to the Government of Meghalaya, Political Department. In the said affidavit he has dealt with the various activities of the ANVC and HNLC. He has submitted all relevant annexures. He has categorically stated I his affidavit that ANVC has clearly reflected their anti national and secessionist tendencies by giving calls for bandhs on historic days like Republic Day and on Independence Day. In support of the said contention he has annexed the press release given by ANVC, which is annexure ‘A-10’. He has also stated in the affidavit that-ANVC has been employing and engaging in acts of intimidation, extortion and looting of civilian population particularly businessmen for the purpose of achieving the objectives of their organisation. In the said affidavit a lost of criminal activities/cases registered against the ANVC is annexed as Annexure-A-11. He has also reiterated that ANVC has close links with banned organisations like NSCN (I/M). ULFA of Assam and NDFB of Assam, which is established from the documents seized from the raided ANVC camps, which are proved through the press clippings, intelligence reports annexed with the affidavit as Annexure A-12. The said officer also annexed a list of police personnel and other security forces killed by the ANVC during the year 2002, which is annexed as Annexure A-13. He has also stated that as many as 52 members of ANVC cadres have been arrested during the year 2002 and arms and ammunition have been seized from the said members is also annexed with the affidavit as Annexure-A-14. According to the said officer, HNLC have clearly indicated their objective of secession of the State from the Union of India. HNLC have published a 17 point programme, which reflect the aforesaid stand of HNLC and also indicate their secessionist stand as indicated from annexure A-15. HNLC also have a 20 point programme, which also reflects their secessionist trend. One of the said 20 point programme stated that the outfit demands and voice for freedom and to unchain their mother land and people from the Indian colonialism, imperialism and chauvinism. The said 20 point programme of HNLC and copies of the voice of HNLC have been placed on record collectively as annexure A-16. The said outfit had also issued various press releases calling for bandh and non-cooperation even on Republic Day and Independence Day celebrations. Press Clippings in support of the said contention are annexed as annexure A-17. The said outfit has very close links with the banned NSCN(IM), ULFA of Assam and KYKL of Manipur. In support of the said contention press clippings/intelligence reports have been annexed with the affidavit as annexure A-21. Detailed unlawful activities of both ANVC and HNLC have also been annexed as annexures A-22 and A-23. The said officer has also submitted a list of police personnel, security forces killed by HNLC and the names of the HNLC cadres who have been arrested by the police and also a list of arms and ammunition that have been recovered. A list of such arms and ammunition has also been placed on record as annexure A-20. Mr G.P. Wahlang after tendering the said affidavit also examined himself as a witness and he has proved the said affidavit, which is marked as Ex.A. He has also proved the notification issued by the Central Government declaring the said two outfits as unlawful, which is proved as Ex.SW-1/1 and SW-1/2. Wide publicity was given about the aforesaid declarations and notifications published in various newspapers as also through All India Radio and Doordarshan Kendra, which are proved by documents placed during the course of his examination. The witness examined himself in the proceeding and he has retirerated his statements made in his affidavit and also proved several documents, which are proved as Ex.A-3 to Ex.A-23. The Government of Meghalaya also examined Sh.B.R.Rana, Superintendent of Police, West Khasi Hills District, (SW-2). Ms I. Nongrang, Superintendent of Police, East Khasi District, Shillong (SW-3), Sh. W Khyllep, Additional District Magistrate as also In-charge District Magistrate East Khasi Hills District (SW-4), Sh.O.Pasi, Superintendent of Police, Jaintia Hills, (SW-5), Sh.S.S. Yadav, Superintendent of Police, West Garo Hills (SW-6), Sh.F.D. Sangma, Superintendent of Police, East Garo Hills, William Nagar (SW-7), Sh.S Jagannathan, Deputy Commissioner, West Garo Hills Ditrict, Tura (SW-8), Sh.S Nongsiej, Additional District Magistrate. West Khasi Hills District, Nongstoin (SW-9). They have retirerated and cooroborated the statement made by Mr G.P. Wahlang in his evidence. The said witnesses have also proved the Ex.SW-2/1, Ex.SW-3/1 and Ex.SW-6/1. Ex.SW-1/22 contains list of the names of the trained cadres of ANVC and HNLC and also their activities and the arrests made from 25.11.92 upto 30.6.2002 and also a list ANVC activities killed from 20.6.2000 upto 11.6.2002. The aforesaid witnesses also mentioned and supported the aforesaid list containing the nature of incidents committed by ANVC and HNLC. They stated that such incidents had taken placed in the district mentioned therein. The said witnesses being Deputy Commissioners and the Superintendents of Police of the concerned districted are aware of the said incidents.

9. They have stated that both the outfits have been carrying on their activities like extortion of money from businessmen, attacking and killing security forces, the government employees and also ordinary citizen. They have also deposed that members of the two outfits in furtherance of their objectives have been intimidating and looting civilian population for collection of funds for their organisational activities and also for purchase of arms and ammunition, which are being used for attacking security forces and the police. It was stated by them that both the organisations were engaged in subversive and secessionist activities in many parts of the State of Meghalaya and have established their camps across the International Border particularly Bangladesh and has links with foreign agencies like ISI and with other banned organisation. They have proved the various criminal cases registered against the members of the two militant outfits and the list of such pending cases have been proved by them during their deposition. Almost all the witnesses have categorically stated that unless their activities are immediately curbed and controlled, there is a possibility of their regrouping and rearming themselves which would accelerate their activities with a view to secession of the State of Meghalaya from India.

10. I have pursued the aforesaid statements made on oath as also the affidavits field on behalf of the Union of India and the Government of Meghalaya. The said evidence go unrebutted and unchallenged. The said statements and affidavits revel the anti-national and secessionist tendencies of both ANVC and HNLC. Both the said outfits have been giving calls for bandh on historic days like Republic Day and Independence Day. They are also engaged in the acts of intimidation, extortion and looting of civilian population particularly businessmen for collection of bunds to buy arms. Lists of criminal cases pending against them has also been filed which prove and establish that, they have been attacking police personnel and other security forces. It is also proved and established that both the outfits have close links with banned organisations like NSCN(IM), ULFA of Assam and ISI, who is functioning from Bangladesh. The said fact has been proved by the various documents seized from the raids on ANVC and HNLC camps Copies of the press release issued by both the outfits calling for bandhs and non-cooperation on historic days like Republic Day, Independence Day celebration have been placed on record.

11. It is proved from the aforesaid documents placed on record and also from the statements of the witnesses that objective of both the outfits is to establish an independent identity and a separate country outside the Constitution and sovereign boundaries of India. The area of operation of these organisations mainly include Eastern Garo Hills and East and West Khasi Hills. These organisations possess sophisticated fire arms procured through illegal means. They are also advocating to follow the policy of secession from India. They are also indulging in activities prejudicial to the sovereignty and integrity of India. They also indulge in violence and terrorism through arms actions with a view to achieve their objective. The evidence also proves that they are indulging in extortion. Evidence led and the lost of incidents and the cases field and pending indicate that they are also indulging in extortion and illegal collection of money from civilians including businessmen, traders and that they have links and support of other north eastern secessionist insurgent groups. They are continuing to maintain their camps in neighbouring Bangladesh and are procuring large number of sophisticated arms and ammunition through clandestine channels and even from Bangladesh. The organisations are indulging in killing of civilians, armed personnel and are restoring to looting, extortion and other criminal acts and are thus creating a climate of lawlessness.

12. In this regard a reference can be made to the provision of Section 2(f) and 2(g) of the Act, which defines "unlawful activity" and "unlawful association" as under.

2. Definitions.-In this Act, unless the context otherwise requires_

(f) ‘unlawful activity’, in relation to an individual or association, means any action taken by such individual or association (whether by committing an act or by words, either spoken or written, or by signs or by visible representation or otherwise)

(i) which is intended, or supports any claim to bring about, on any ground whatsoever, the cession of a part of the territory of India or the secession of a part of the terrority of India from the Union, or which incites any individual or group of individuals to bring about such cession or secession;

(ii) Which disclaims, questions, disrupts or is intended to disrupt the sovereignty and territorial integrity of India;

(g) "unlawful association" means any association –

(i) which has for its object any unlawful activity, or which encourages or aids persons to undertake any unlawful activity, or of which the members undertake such activity; or

(ii) Which has for his object any activity which is punishable under section 153A or section 153B of the Indian Penal Code (45 of 1860), or which encourages or aids persons to undertake andy such activity, or of which the members undertake any such activity:

Provided that nothing contained in sub-clause (ii) shall apply to the State of Jammu and Kashmir."

13. The statement of objects and Reasons of the Act has also very relevance in that regard which states as follows:-

Pursuant to the acceptance by Government of a unanimous recommendation of the Committee on National Integration and Regionalism appointed by the National Integration Council, the Constitution (sixteenth Amendment) Act, 1963, was enacted empowering Parliament to impose, by law, reasonable restrictions in the interests of the sovereignty and integrity of India, on the-

(i) freedom of speech and expression.

(ii) right to assemble peaceably and without arms; and

(iii) right to form associations or unions.

2. The object of this Bill is to make powers available for dealing with activities directed against the integrity and sovereignty of India."

14. The aforesaid evidence led by the parties when read in the light of the aforesaid provisions of law clearly proved and establish that both the outfits namely, ANVC and HNLC, are indulging in suversiye, secessionist and violent activities and are resorting to acts of killing civilians, arms and police personnel, extortion of funds for public and traders in Meghalyaa for procuring sophisticated arms and ammunitions through clandestine channels. The aims and objectives of both the organisations are to secede their India and to form a separate State. They are links and support of other North East secessionist insurgent groups. It is clearly, therefore, established from the material on record that if these organisations are allowed to continue with their activities, they would further indulge in insurgent and unlawful activities. The entire course of their action and their activities would lead to disruption of the sovereignty and territorial integrity of India and if they are not checked or banned, not only that the unlawful activities would increase but also an atmosphere may be created in the State for secession form India. These activities are thus a clear threat to be sovereignty and integrity of the country, which clearly amount to unlawful activities as defined under Section 2(f) of the Act.

15. For the foregoing reasons, I am satisfied that there was sufficient cause for declaring the ANVC and HNLC as unlawful associations. This Tribunal, accordingly, confirm the declaration made by the Central Government vide notification dated 16.11.2002 issued under sub-section(1) of section 3 of the Unlawful activities (Prevention) Act. 1967