Manipur High Court orders withdrawal of pending criminal case against Mizo National Front members
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IMPHAL, Jul 24 : The Manipur High Court on Tuesday (July 23) directed the Union and State Govt to withdraw the pending criminal case against the Mizo National Front (MNF) personnel against whom summons were issued in a 1984 case despite an assurance made by the Union Government that no new cases would be registered against the MNF personnel's and pending cases would be withdrawn.
A Memorandum of Settlement was made on 30-06-1986 involving the Govt of India, the Govt of Mizoram, and the MNF, wherein the assurance was made to the MNF that the State Govt would abstain from prosecuting MNF personnel for committing a crime during the underground activities if they abjured from violence and give up their arms, ammunition, and equipment to restore normalcy and peace in the area. Also, it was assured that the pending criminal cases would be withdrawn against the members.
However, in the year 2000, a summon was issued to the petitioners in a 1984-year case when the petitioners were involved in underground activities. The Petitioner contended that the Government ought to withdraw the pending criminal case against them based on the Settlement reached in 1986.
However, the Govt contended that the settlement bars it from withdrawing cases for offences committed outside the State of Mizoram. Since the offence was committed in Manipur, therefore, the settlement would not have any effect.
Rejecting the Govt's contention, Justice Ahanthem Bimol Singh said that there was no record to indicate that such a decision would confine to or in respect of offences committed by the personnel of MNF within the State of Mizoram, and directed it to withdraw prosecution of the petitioners within 3 months. Live Law
A Memorandum of Settlement was made on 30-06-1986 involving the Govt of India, the Govt of Mizoram, and the MNF, wherein the assurance was made to the MNF that the State Govt would abstain from prosecuting MNF personnel for committing a crime during the underground activities if they abjured from violence and give up their arms, ammunition, and equipment to restore normalcy and peace in the area. Also, it was assured that the pending criminal cases would be withdrawn against the members.
However, in the year 2000, a summon was issued to the petitioners in a 1984-year case when the petitioners were involved in underground activities. The Petitioner contended that the Government ought to withdraw the pending criminal case against them based on the Settlement reached in 1986.
However, the Govt contended that the settlement bars it from withdrawing cases for offences committed outside the State of Mizoram. Since the offence was committed in Manipur, therefore, the settlement would not have any effect.
Rejecting the Govt's contention, Justice Ahanthem Bimol Singh said that there was no record to indicate that such a decision would confine to or in respect of offences committed by the personnel of MNF within the State of Mizoram, and directed it to withdraw prosecution of the petitioners within 3 months. Live Law