Shil­long High Court stops Mu­nic­i­pal Board against poor Sikh res­i­dents

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While the gov­ern­ment of Megha­laya wants to dis­lo­cate and throw out Sikh res­i­dents from the Pun­jabi lane area of Shil­long, in yet an­other re­prieve, the High Court at Megha­laya has re­frained the Shil­long Mu­nic­i­pal Board from tak­ing any ac­tion on the un­law­ful no­tice served on the poor Sikh res­i­dents through news­pa­pers.

Hear­ing the case of re­lo­ca­tion (read dis­lo­ca­tion) of poor Sikh res­i­dents, liv­ing in the Pun­jabi lane area of Shil­long for more than two hun­dred years, the Megha­laya High Court has asked the Shil­long Mu­nic­i­pal Board to re­frain from tak­ing any ac­tion pur­suant to their pub­lic no­tice till the next date of hear­ing 20 De­cem­ber 2018.

Ap­pear­ing on be­half of the pe­ti­tion­ers -the Gur­d­wara Par­band­hak Com­mit­tee -of­fi­cially called the Har­i­jan Com­mit­tee, Ad­vo­cates Nagin­der Beni­pal and Harpreet Singh Hora sub­mit­ted that at the last hear­ing, the court had di­rected that peace be main­tained in the area, and that in or­der to pres­sur­ize the res­i­dents of the area, the gov­ern­ment through the Shil­long Mu­nic­i­pal Board had asked the poor Sikh res­i­dents to sub­mit their land records through a pub­lic no­tice pub­lished in news­pa­pers on 26 No­vem­ber 2018.

The last para of the un­law­ful pub­lic no­tice says that, “if this in­for­ma­tion is not fur­nished in 15 days af­ter which no claim would be en­ter­tained and every­one would be dealt as per law.” 200 plus years of res­i­dency is to be de­cided in 15 days!  

Ad­vo­cates Nagin­der Beni­pal and Harpreet Singh HoraAs one can see in the im­age pro­vided here, the tone of the pub­lic no­tice is noth­ing but threat­en­ing and based on the as­sump­tion that all those stay­ing in the Pun­jabi lane, re­ferred to as Sweep­ers’ Colony are il­le­gal. One para reads, “In view to es­tab­lish the fac­tual po­si­tion as to the num­ber of res­i­dents/​per­sons oc­cu­py­ing this pub­lic land, an op­por­tu­nity is given to come for­ward and re­port to the )des­ig­nated of­fice of­fice SMB) as to their oc­cu­pa­tion and years they have been in oc­cu­pa­tion, na­ture of oc­cu­pa­tion, etc.” The last para asks that this in­for­ma­tion be fur­nished in 15 days af­ter which no claim would be en­ter­tained and every­one would be dealt as per law. 200 plus years of res­i­dency is to be de­cided in 15 days!

The Com­mit­tee is in the process of iden­ti­fy­ing some al­ter­nate place to shift the of­fice of the mu­nic­i­pal board to ac­com­mo­date its staff liv­ing in Har­i­jan Colony.  

Advocates Naginder Benipal and Harpreet Singh Hora
Advocates Naginder Benipal and Harpreet Singh Hora

Ad­vo­cates Nagin­der Beni­pal and Harpreet Singh HoraThe sin­gle-bench court of Jus­tice S R Sen took cog­nizance of the com­plaint of the pe­ti­tion­ers and asked them to make a spe­cific ap­pli­ca­tion for the same.  It may also be men­tioned that since the last 6 months, while the court pro­ceed­ings are on, all the re­spon­dent par­ties have failed to file any re­ply of any kind whereas the Deputy Chief Min­is­ter and other tribal lead­ers are con­tin­u­ing to over­awe the Sikhs through me­dia state­ments as well as il­le­gal or­ders and un­law­ful searches of Sikh homes.

City Gurdwara President Gurjit Singh meets National Minorities Committee member Manjit Singh Rai
City Gurdwara President Gurjit Singh meets National Minorities Committee member Manjit Singh Rai

Megha­laya Deputy Chief Min­is­ter Pre­stone Tyn­song, af­ter the fifth meet­ing of the High Level Com­mit­tee on re­lo­ca­tion of Har­i­jan res­i­dents had an­nounced that the Shil­long Mu­nic­i­pal Board had is­sued no­tices and that all de­part­ments would meet soon to con­clude the mat­ter. He is re­ported to have said to a sec­tion of the me­dia that, “Our only re­quest to the res­i­dents of the Har­i­jan Colony is to go to the Mu­nic­i­pal Board with your pa­pers and doc­u­ments as you still have time and we have given you enough time. There are al­to­gether 184 em­ploy­ees who are stay­ing in Har­i­jan Colony and which in­clude 128 from the Shil­long Mu­nic­i­pal Board and 56 from other de­part­ments.”

The per­ni­cious game of the gov­ern­ment of Megha­laya as re­gards the Sikhs there was spilled out by an­other mem­ber of the High Level Com­mit­tee. Renek­ton Lyn­g­doh Tongkhar told the me­dia that, “The Com­mit­tee is in the process of iden­ti­fy­ing some al­ter­nate place to shift the of­fice of the mu­nic­i­pal board to ac­com­mo­date its staff liv­ing in Har­i­jan Colony.” The game is to shift the of­fice of the cor­po­ra­tion and with it ask the Sikhs work­ing in the cor­po­ra­tion to shift there.

I wel­come the or­der of the High Court stop­ping the Shil­long Mu­nic­i­pal Board.  

City Gur­d­wara Pres­i­dent Gur­jit Singh meets Na­tional Mi­nori­ties Com­mit­tee mem­ber Man­jit Singh Rai The last meet­ing of the Na­tional Com­mis­sion for Mi­nori­ties on this is­sue was on 12 Sep­tem­ber. Since then no meet­ing has been sched­uled.  There is a sta­tus quo ante or­der by the Na­tional Com­mis­sion for Mi­nori­ties and the Na­tional Hu­man Rights Com­mis­sion, de­spite that the Megha­laya gov­ern­ment is not stop­ping its pres­sure tac­tics and un­law­ful or­ders.  In or­der to im­press upon the NCM to take up the is­sue again, Gur­jit Singh re­cently met Man­jit Singh Rai, the Sikh mem­ber of the Na­tional Com­mis­sion for Mi­nori­ties.

Shillong Municipal Board Notice asking Sikhs to submit land records
Shillong Municipal Board Notice asking Sikhs to submit land records

Gur­jit Singh who has been spear­head­ing the strug­gle on be­half of the hun­dreds of poor res­i­dents is dis­traught. Speak­ing to the World Sikh News, he said, “I wel­come the or­der of the High Court stop­ping the Shil­long Mu­nic­i­pal Board. I must add that we are scared that the state agen­cies con­tinue their un­law­ful acts not car­ing for the or­ders of the High Court of Megha­laya or the stay granted by the Mi­nori­ties Com­mis­sion and the Hu­man Rights Com­mis­sion.”

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