Deeply perturbed by the impartial, one-sided public utterances, administrative actions and political threats for the past nearly two years by the members of the High Level Committee formed by the Meghalaya government, actually notified only for suggestions and ideas relating to the relocation of poor Sikhs, the Harijan Panchayat Committee, representing the 300 plus families of poor Sikhs of Shillong recently filed another petition in the High Court of Meghalaya at Shillong. In a huge relief to the poor petitioners, on 9 April, Justice Ranjit More granted ad-interim status quo to be maintained by both the High Level Committee of the government of Meghalaya and the petitioners -Harijan Panchayat Committee, with the next date of hearing fixed for 25 May 2021.

THE BELEAGUERED SHILLONG SIKHS, residing there for more than two centuries, who face forcible eviction at the hands of the government of Meghalaya, wanting to “beautify” the habitat of the poor for its current monetary value under the pressure of local tribal pressure groups and the ostensible intent to convert Shillong into a Smart City, were granted ad-interim status quo order from the High Court of Meghalaya while considering a fresh petition of the Harijan Panchayat Committee. Judge Ranjit More ruled that “both the parties shall maintain status quo as of today in respect of Sweeper Colony/Punjabi Lane/Harijan Colony at Bara Bazar.”

Accepting the plea of the petitioners, the Harijan Panchayat Committee versus High Level Committee and others, through DSGMC-appointed legal counsel R. Khatri, the judge pronounced the ad-interim status quo as the AAG N. D. Chullai sought more time which was granted with the next date of hearing 25 May 2021.

The Harijan Panchayat Committee has been facing undue and unnecessary criticism and pressure from the press statements of the Ministry of Urban Affairs, the Deputy Chief Minister Prestone Tynsong, who is also the chairperson of the High Level Committee and the Shillong Municipal Board for the last two years contended through their counsel R. Khatri, that the High Level Committee was formed on 4 June 2018 to examine records and documents and make practically feasible solutions. The lawyer clearly stated in his petition and submission to the High Court of Meghalaya that there is no mention in the notification for any action whatsoever to be taken by the High Level Committee or any other authority in this regard.

The Confederation of Meghalaya Social Organisations, comprising 19 pressure groups has been forcing the government to act fast in the relocation of the residents of the Harijan Colony.  CoSMO chairperson Robertjune Kharjahrin has stated in the media that there is great public demand for relocation and every section of the community wants it.  He in his twisted logic has also stated that the residential areas of the poor Sikhs are unhygienic and unsafe if people settle very close to the market area. He has asked the Urban Affairs Minister Sniawhalang Dhar to “act as per the wish and aspirations of the people.”

“Our children, women and all families are under deep stress for the last many years and we wish to see that this comes to an end soon. Our ancestors made Shillong their home two centuries back and we are determined to maintain our habitat. We have been here for four-five generations. “

Gurjeet Singh, Secretary, Harijan Panchayat Committee

In the past, some of their constituents have even threatened the poor Sikhs of dire consequences and resented the interest taken by Sikh organisations, activists and the Punjab government.

Furthermore, in the presence of members of the Harijan Panchayat Committee in the court, it was pleaded that many meetings of the High Level Committee have taken place and there is a palpable fear that the government of Meghalaya directly or through the Shillong Municipal Corporation may resort to the eviction of the few hundred vulnerable families living in the so-called Sweeper Colony, Sweeper Lane, Mawlong Haat at Bara Bazar.

“I am of the prima facie opinion that the apprehension of the petitioner members (regarding the threat of enforced eviction) is justified.’

Justice Ranjit More, Judge, High Court of Meghalaya at Shillong

Justice Ranjit More in his 2-page order of 9 April states, “I am of the prima facie opinion that the apprehension of the petitioner members is justified.’

Harijan Panchayat Committee secretary Gurjeet Singh, who has been spearheading the struggle for survival and habitat of the hundreds of this community of Safai Karamcharis for many years, in his reaction to the latest judgement of the court said, “We are poor Sikhs and we will continue our fight for justice. We hope and pray that we will be able to get on with our lives without fear of eviction.”

“Our children, women and all families are under deep stress for the last many years and we wish to see that this comes to an end soon. Our ancestors made Shillong their home two centuries back and we are determined to maintain our habitat. We have been here for four-five generations. Over the decades, we have all documentation of ration cards, Aadhar cards, Voter cards, Electricity bills, etc, which any permanent citizen is entitled to.”

The 1954 agreement with the Shillong Municipal Board and the Syiem of Hima Mylliem (the traditional hierarchical leader/royal king of the Khasi tribe) had clearly mentioned that no harm will be done to the dwellings of the residents of the Sweeper Colony and that they would continue to live where they are.  The first clause of the deed, among other things, reads, “…the remaining portion of the sweeper’s line will continue to be used heretofore, i.e. for accommodating for the sweeper’s quarters and not to be used for any other purpose.”

Called in by the then British Indian army, the poor Sikhs made Shillong their home and generations have not returned back to their homeland Punjab. It would be a grave injustice for any government of any political party to forcibly evict poor people.

It would be a grave injustice for any government of any political party to forcibly evict poor people.

In his order, the presiding judge has said that he has examined the documents annexed to the main petition by the petitioner on pages 114, 122 and 140 and found them to be reliable and significant. Senior Counsel Mr R Khatri has attached a string of annexures to this fresh petition for status quo affirming the rights of the Harijan Panchayat Committee to their habitat.

All three documents cited by the petitioner and alluded to by Justice Ranjit More unambiguously show the malafide intent of the various departments of the Meghalaya government in its zeal to uproot and evict the poor Sikhs residing in the Bara Bazar area of Shillong for more than two centuries of which the judge has taken rightful cognizance.

The first annexure on page 114 of the petition is a ‘most urgent’ letter from the Urban Affairs department of the Government of Meghalaya, dated 28 May 20-19 to the Director Urban Affairs and the CEO Shillong Municipal Board, directing them to “shift employees (sweepers) occupying Sweeper Colony (Lewduh) to other areas within your respective Department as per the decision of the High Level Committee meeting held on 10th of May 2019.”

The Annexure on page 122 of the petition is a letter dated 27 July 2019 of the Shillong Municipal Board to the President/Secretary of the Harijan Panchayat Committee which sought ‘information from the residents of the area in a specified format” under direction from the High Level Committee.

Similarly, Annexure 140 is a letter dated 20 May 2019 of the Shillong Municipal Board to the Joint Secretary of the Urban Affairs Department directing “to kindly take up from your end with the Heads of the Departments listed in the attached annexure to shift their employees occupying the Sweepers Colony area within their respective jurisdiction.”

It is crystal clear that the High Level Committee and its chairperson -Deputy Chief Minister Prestone Tynsong has been going overboard -beyond the scope of the notification through administrative steps, as cited in the current petition.

The High Level Committee has seven members with Deputy Chief Minister Prestone Tynsong, as the chairperson. The 4 June 2018 notification issued by the then Additional Chief Secretary M. S. Rao, clearly stated that,

“The terms of reference of the High Level Committee are as follows:

a.  The Committee shall examine all relevant records and documents relating to the relocation of the Sweeper Colony, Sweeper Lane, Mawlong Hat.
b.  The Committee shall recommend a practically feasible solution(s) for relocation of the Sweeper Colony.”

It is crystal clear that the High Level Committee and its chairperson -Deputy Chief Minister Prestone Tynsong has been going overboard -beyond the scope of the notification through administrative steps, as cited in the current petition. He has also been making adverse comments in the media regarding the claim of the poor Sikh residents even when the matter is sub-judice. Recently, on the floor of the Meghalaya Assembly, without the High Level Committee report of its findings, he is reported to have said that the matter of relocation of the Sweepers Colony and the eviction of the Sikhs there will be resolved soon.

Presently, an unlawful attempt is being made to persuade and pressurize the Syiem of Mylliem to sign a Memorandum of Understanding between the Syiem of Mylliem and the state government involving the transfer of land on lease to the state government, which is being facilitated by the KHADC -Khasi Hills Autonomous District Council.  This has been disputed by the Harijan Panchayat Committee and its secretary Gurjeet Singh has said that “the incumbent Syiem has no right on the plot as the same was given to the poor Sikhs in 1853.”

The High Level Committee, through the media, has attempted to shield the Shillong Municipal Board by giving it wide powers to take actions against the residents of the area including among other things, taking illegal stock-taking of houses of the residents and a house-to-house census of the population of the poor Sikhs, even in their absence from their homes.

All three documents cited by the petitioner and alluded to by Justice Ranjit More unambiguously show the malafide intent of the various departments of the Meghalaya government in its zeal to uproot and evict the poor Sikhs residing in the Bara Bazar area of Shillong for more than two centuries of which the judge has taken rightful cognizance.

For the record, though the poor Sikhs have been fighting a long legal battle for the survival of their habitat, currently since 2018, the High Court has been considering a slew of petitions with the poor Sikh residents seeking protection from eviction. The National Commission for Minorities and the National Commission for Safai Karamcharis have also made recommendations to the Government of Meghalaya for non-interference in the lives of the poor Sikhs during this period. Even the National Human Rights Commission has also intervened in the matter.

 

Recently, on 1 April 2021, the High Court Judge Justice W. Diengdoh had also ‘dismissed as withdrawn’ a review petition challenging a previous High Court order of Justice R Sen of 15 February 2019, granting status quo, though an appeal against the order is still pending in the High Court.

The 9 April 2021 High Court of Meghalaya at Shillong order of Justice Ranjit More offers due relief and a glimmer of hope for a permanent status quo for the poor Shillong Sikhs.