TUR garners support against HC order

SHILLONG, NOV 25: The Thma U Rangli Juki (TUR) has released an ‘open letter’ opposing the recent Meghalaya High Court order to consider imposition of AFSPA in Garo hills region by sixty concerned citizens from across the country.

TUR leader Angela Rangad on Wednesday told reporters during a media conference that the open letter carries objections to the Meghalaya high court order endorsed by more than 60 concerned citizens who are respected and accomplished individuals in their fields, like law, academia, journalism, films, bureaucracy and activism.

TUR members expressed shocked and said it was disturbed that a draconian law like the Armed Forces (Special Powers) Act, 1958, is being sought to be imposed through a judicial order. They also stated that the order severely damages the credibility of the high court as an independent arbiter of citizens’ democratic rights.

The Meghalaya High Court on November 2 had passed an order suggesting to the central government for the imposition of the AFSPA in the militancy-hit districts of Garo hills region of Meghalaya.

Stating that they are deeply troubled by this order for several reasons, TUR stated in the letter that the direction issued by the high court is in complete violation of the constitutional arrangement of separation of power.

“The power to notify an area as disturbed and extend application of the AFSPA lies exclusively with the executive, that is, the state or central government,” Rangad said adding “Maintenance of law and order especially in a conflict ridden area throws vexed questions of security policy and needs reasoned and reflective assessment of options.”

According to the letter, Rangad said that the court as a civilian institution neither has access to the required expertise nor is privy to necessary security inputs adding in fact the point of view of the court that the prevailing circumstances in Garo hills warrants imposition of AFSPA is merely based on the lay impressions of the bench – a view which is uninformed, extraneous and has no basis in law and betrays lack of application of mind.

Rangad also said the methodology and logic employed by the court in arriving at these conclusions is alien to established contours of legal reasoning and judicial rigor.

Stating the order damages the credibility of the high court as an independent arbiter of citizen’s democratic rights, TUR letter said it is to be noted that the high court is the holder of all powerful writ jurisdiction adding it is the constitutionally enshrined role of the high court that it is able to effectively carry out judicial review of executive measures having a bearing on life and liberty of people.

“By inviting the imposition of the AFSPA, the high court of Meghalaya has become an active participant in the security policy of the state and has therefore, compromised its ability to safeguard individual rights and fulfill its role of acting as a check on executive power,” the letter said.

The letter also stated that it is imperative that the high court retains independence and maintains a healthy distance from local security deliberations such that it can independently scrutinize challenges mounted by the citizenry.-By Our Reporter