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REGISTERED No. D. (D.N.)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub section (ii)

PUBLISHED BY AUTHORITY

No. 199] NEW DELHI, MONDAY, APRIL 30, 1984/VAISAKHA 10, 1906

Separate paging is given to this Part in order that it may be filed as a separate compilation

MINISTRY OF HOME AFFAIRS

NOTIFICATION

New Delhi, the 30th April, 1984

S.O. 332(E).—-Whereas the "Unlawful Activities (Pre- vention) Tribunal", consisting of Shri Justice K. Lahiri of Gauhati High Court, constituted by the notification of the Government of India in the Ministry of Home Affairs No. S.O. 856(E) dated the 25th November, 1983, to adjudicate upon the matter contained in the notification of the Govern- ment of India in the Mnistry of Home Affairs No. S.O. 775(E) dated the 26th October, 1983 has completed its work ;

And whereas the Central Government is of the opinion that the continued existence of the said Tribunal is neces- sary ;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 5 of Unlawful activities (Preven- ion) Act, 1967 (37 of 1967), the Central Government hereby directs that the aforesaid Tribunal shall cease to

126 GI/84

(1)

the Unlawful Activities (Prevention) Tribunal, consisting; of Shri Justice K. Lahiri, Judge of the Gauhafi High Court ;

exist with eilect from the¹ date of publication of this notificaion in the Official Gazette.

[No. il/13/83-N.E. I]

I. P. GUPTA, Jt. Secy.

And whereas the Central Government, in exercise of the powers conferred by sub-section (1) of section 4 of the said Act referred the said notification to the said Tribunal on the 22nd December, 1983, for the purpose of adjudieatina whe- ther or not thcie was sufficient cause for declaring the said associations as unlawful

And whereas the said Tribunal, in exercise of ihe powers conferred by sub-section (3) of s-scti-jn 4 cf the said Act, made an order on the 14th April, 1984, confirming the dec- laration made in the notification No. S.O. 775(E), dated the 26th October, 1983 ;

Now, therefore, in pursuance of sub-section (4) of section 4- of the said Act, the Central Government hereby publishes the said order namelv :—

ORDF.R

BEFORE THE UNLAWFUL ACTIVITIES (PREVENTION)

TRIBUNAL

Reference under Section 4(1) of the Unlawful Activities

(Prevention) Act, 1967 (34 of 1967). *n re : The People's Liberation Army (Eastern Region), generally known as the PLA. the People's Revolu- tionary Party of Kangleipak (PREPAK) and its "Red Army" as also the offshoots of PREP4K like the Kangleipak Communist Party (KCP) and its armed wing also called the "Red Army", which are known as "the Meitei Extremists Organisations".

PRESENT

The Hon'ble Mr. Justice K. Lahiri.

For the People's Liberation Army (Eastern Region), gene rally known as the PLA, the People's Revolutionary Party of Kangleipak (PREPAK) and its "Red Army' as also the offishoot's of PREPAK like the Kanglei- pak Communist Party (KCP and its armed wing also called the "Red Army", which are known as "the Meitei Exrtemists Organisations".

None appears.

For the Union of India and the State of Manipur—Mr. A. R. Barthakur; Mr. P. Barfhakur, Advocates.

Place of sitting—Manipur House, 2, Sardar Patel Mart,

New Delhi.

Date of argument!—13-4-1984 and 14-4-1084.

Date of Order

14-4-84

ORDER

NOTIFICATION

This is a reference made u / s. 4(1) of the Unlawful Activi- ties (Prevention) Act. 1967, for short "the Act". By Noti- fication No. S.O. 775(E) dated October 26. 1983, the Cent- ral Government declared the People's Liberation Army (Eas- tern Region) generally known as "PLA", the People's Revo- lutionary Party of Kangleinak, for short "PREPAK", the Red Array of the PREPAK as well as of-shoofe of PREPAK like Kongiernak Communist Party (KCP) and its armed wings also called the "Red Army", which are known as "the Meitei Extremist Organisations", as unlawful associations. The Noti- fication p!ibv~hpd in the GaEette of Tndia, EKtraordinary Part TI, Section 3, sub-section (ii) of October, 1983 is extracted here;nbelow:—

MINISTRY OF HOME AFFAIRS

NOTIFICATION S.O. 333(E).—Whereas the Central Government, in exercise of the powers conferred by sub-section (1) of section 3 of the Unlawful Activities (Prevenetion) Act, 1967 (37 of 1967), declared on the 26th October, 1983 vide notification No. S.O. 775(E), dated the 26th October, 1983, the People's Libe- ration Army (Eastern Region), People's Revolutionary Party of Kangleipak and its Red Army, as also the offshoots of PREPAK like, the Kanigleipak Communist Party and its- Armed wing, also called the Red Army and other bodies set up by them to be unlawful associations ;

New Delhi, the 26th October, 1983 And whereas the Central Government in exercise of the powers conferred by sub-section (1) of section 5 of the said Act constituted on the 25th November, 1983, vide noti- fication No. S.O. 856(E), dated the 25th November, 1983,

S.O. 775(E).—Whereas the People's Liberation Army (Eas- tern Region) generally known as the PLA, the Peocle's Re- volutionary Party of Kangleipak (hereinafter referred to as

ORDER

S.O. *S35|18FB|1DRA!84.—Whereas by the Order of the Government of India in the Ministry of Industry (Depart- ment of Industrial Development) No. S.O 277(E)|18FB|lD- RA|78. dated the 20th April, 1978 (hereinafter referred to as the said Order), the Central Government in exercise of the powers conferred by clause (b) of sub-section, (1) of section 18FB of the Industries (Development and Regulation) Act, 1951 (65 of 1951), declared that the operation of all obliga- tions and liabilities accruing or arising out of all contracts, assurances of property, agreements, settlements, awards, standing orders or other instruments in force, immediately before the date of issue of the said Order (other than those relating to secured liabilities to banks and financial instituti- ons)towhich the industrial undertakings known as : (i) Messrs Swadeshi Cotton Mills, Kanpur 5 (ii) Messrs Swadeshi Cotton Mills, Pondicherry, (iii) Messrs Swadeshi Cotton Mills, Naini, (iv) Messrs Swadeshi Cotton Mills, Maunath Bhanjan, (v) Messrs Udaipur Cotton Mills, Uaipur and (vi) Messrs

3

Rae Bareli Textile Mills, Rae Bareli, of Messrs Swadeshi Cotton Mills Company Limited. Kanpur, are parties or which, may be applicable to such industrial undertakings shall re- main suspended for a period of one year from such date and. that all the obligations and liabilities accruing ^>r arising there-' under before the said date shall remain suspended for the said period;

And, whereas, the Central Government being of opinion* that it is necessary in the interest of the general public that¹ the said Order should continue to have effect after_the expiry of the period of one year aforesaid had declared from time to time, for such continuance for a further period wpto and inclusive of the 30th April, 1984, vide Orders of the Govern- ment of India in the Ministry of Industry (Department' of Industrial Development) No SO ?r()TV1>nVTr>RA|79, dated the 16th April, 1979, SO "'>M ' !*l it il>!< \ .">. dated t he 1 7 th A p r i l. 1 9 8 0, S . O: V I • IM •; I I >K \ M. . - l ed t he

20th April, 1981, S.O. 272(E)|18FB|IDRA|82, dated the 20th April, 1982, S.O. 284(E)|18FBilDRA|83, dated the l l th April, 1983 S.O. 526(E)/18FB/IDRA/83, dated the 27th July, 1983; and S.O. 42(E)/18FB/IDRA/84 dated the 30th January, 1984;

And, whereas, the Central Government is satisfied that the duration of the said Order should be extended for a further' period upto and inclusive of the 31st July, 1984;

Now, therefore, in exercise of the powers conferred by sub- section (1) read with sub-section (2), of section 18FB of the Industries (Development and Regulation) Act, 1951 (65 of .1951), the Central Government hereby extends the duration of the said Order for a further period upto and inclusive of the 31st July, 1984.

[File No. 3(6)|78-CUS1

A. P. SARWAN, Jt. Secy.

PRINTED BY THE MANAGER, GOVT. OF INDIA PRESS. RING ROAD, NEW DETHI-110064

AND PUBLISHED BY THE CONTROLLER OS PUBLICATIONS, DELHI-I 10054. 1984

0. The Background Story

fund fur their Organisations, the JMcltei Extremist Organi- sations including me PLA, PREPAK and then Red Army were declared unlawful Association u/s. 3(1) of "the Act on the 26th October, 1979. Alter taking into consideja- non the materials placed before it, the Inuunal constituted under "the Act' came to the conclusion that the central Government had sufficient cause for declaring the Meitei Extremist Organisations and bodlea us unlawful associations and confirmed the declaration made by the Government. from the records made available to this Tribunal it appears that the Menci Extremist movement manilcbted itself in lyt>5. i>orae of tho protagonists of the movement formed the Revolutionary Government of Mampur in the latter part OL iyo8 as ihey favoured a. speedy^ armed revolution in collaboration with the Naga and Miio undergrounds and with Ihc assistance of some countries across the border for achieving the liberation of Mampur. However, many ol the JVlcitei Extremist came overground and received rehabili- tation benefits from the Government on the announcement of a genera) amnesty to all Meitei extremists in 1975. However, in the following year some disgruntled youth desired to revive the activities lor the formation of independent Manipur comprising the State of Manipur to bring about secession of the ^>aid State from the Union of India by armed revolution. With that object in view young persons were sent out to the neighbouring countries for training in arms and ideology. The programme also included collec- tion of aims and ammunition by killing armed police person- nel, rads on isolated police force and army and violence on a large scale after collection of adequate arms and am- munition. The policy and programme of the Asscoialion known as the Armed Revolutionary Government of Manipur or otherwise known as the People's Liberation Army, "PLA" for short, acquired a firm shape around 1979. The PLA circulated various booklets including booklets in English, captioncd "DAWN—Vol. 1" and "DAWN—Vol. II", marked Kxts. 13 and 14 respectively. The booklets outlined the policy and programme of the party, which included a speech of Shri N. Bisheswar, a leader of the PLA and an article written by Km "Some important principles", the reactions of the PLA to the Shillong Accord (November II, 1975) entered into by the former underground Naga Leaders, a criticism of the alleged Soviet expansionism, statement defend- ing Chinese assistance to the liberation struggle of ethnic minorities and contained the policy of the PLA towards the counter revolutionaries. Sri N. Gisheswar, culled upon all to overthrow the Delhi icgirne by joint efforts. It evoked the people of Manipuv and its neighbourhood to an armed revolution to be doggedly pursued till victory was achieved. The booklet laid stress on unerilla wafniri; and war of annihil- ation to achieve the objective of the party. The booklet soi'iiht to justify the 1962 Chinese aggression against India and the Chinese invasion of Veitnam. DAWN—Vol. II. marked Ext. 14 contains various slogans against the Govern- ment of India and it wns clearly staled that they desired independence of Manipur. India was declared to be the enemy of the party.

The People's Revolutionary Party to Kangleipak, for short TRBPAK", was formed by some extremists who had parted company with "the PLA". The Organisation came to notice in November. 1978 when a panip'ct in Manipuri language, captloned "Bulletin for independence", marked Ext. 19(A), was issued. rlhe Pamplot interalia declared that the party would continue to struggle for the indepen- dence of IVfanipur from the "Indian Imperialist" and their "watch dogs" and that it would annihilate the pet dogs of imperialist India for achieving independence. Another leaflet, marked Ext. 19, appealed to the youth of the retron to revolt against the Government of India and requested iho youth f'om their army known as the "Red Army" to bring freedom to the region. Ext. 21 is another leaflet declaring that let thousands and thousands of Red Army personnel of the PREPAK go on sacrificing their live;; till Kangleipak, that is, Manipur is liberated. Anotr'i-r leaflet issued by the PREPAK entitling "In flic Tnd.'nendent .Struggle for Ccirt- rnon People" declared that lhe "RUPAK and ils Red Army pledged to hrina about ecualitv amongst the masses and would liquidate all opposed to their party programme. Along- with the leaflet posters containing ;i 7-Pomt Red Star, depict- ing m the centre a man hold'n" a flarr in h's left hand and n rifle in the right hand containing the, inscription "Lone Live Red Army—PREPAK" were circulated in and around Tmnhal town. Various leaflet have been brought to show (hat it had raised an army called, as Red Army, which carry out thciv orders.

lhe Organisations which were decUied unlawful continued to operate uudcrgiound and indulged in the acts of violence and the entires Imphal Valley was affected where for in September, ly80 the whole ol the Impii^i Valley was declared as disturbed area under lhe Armed i-orccs (Special Powers) Act, 1958, in September, 1980 to enable the Security Forces to take effective measures to curb the activities of the Extre- mist Organisations. The Government of Manipur had infor- med the Central Government that the Meitei Extremist Organisations such as PLA, PKHPAK, Red Army, Off-shoots of PREPAK like the Kangleipak Communist Party (KCP) ttnd its armed wing known as tie Red Army and other bodies set up by the extremists were continuing their violent and subversive activities. During the period from October 26, 1979 till September 2, 1981 members of these Organisation* were responsible for 404 acts of violent attacks on security forces, looting and intimidation of civilians, snatching of arms and ammunition and extortion of money in order to achieve their objective of establishing an independent Mani- pur State outside the Indian Union by violent means. The members of the Organisations were pjopugating openly their objective of formation of an independent Mampur and resorting to all kinds of violent and terrorist acts and activi- ties to achieve their objective. Taking into account the continued violent activities of the Meiei I-xtrcmist Organi- sations, such as, PLP, PREPAK and KCP and having clear indication that their activities were likely to acquire a sharper edge in future the Central Government issued another noti- fication on October 26, 1981 declaring lhe Meitei Extremist Organisations as unlawful associations. Various facts of continued violence and issuance of leaflets were placed be- fore the Tribunal constituted to adjudicate whether the declaration was justified or not. DAWN—Vol. 11T, a booklet published by the PLA reitciatcd its olijectii'-- in the earlier Volumes of DAWN. Another document was printed oullying the objective as (11 to liberate the Eastern Region qf India consisting of Arunuchnl Pradesh, Nagaland, Manipur, Mizo- rain. Tiipura, Tvl\:ghalaya and A^mm through a carefully planned revolutionary uprising, and, (ii) to use the urea as a base for liberating the rest of the people of India: Various documents were proved to show how the Govern- ment of India was belittled. The leaflets were circulated i" the name of PLA (Eastern Region) criticising the role of tho Army and called upon the people of Manipur to revolt against the Army personnel and claimed that the PI A would wipe out the Indian Army. The PI A continued to be the most important extremist group in Manipur and built up sizeable following among the Meitcis in the Manipur Valley. It established 5 base camps, within Manipur itself, which were termed as "the Revolutionary Radge Area" and undertook fresh recruitment extending their influence among the people through systametic propaganda as well as intimi- dation, augmenting their arsenal by indulging in attacks on Security Foives. police forces and acquired financial resources through arm looting, extortion ?nd regular contri- butionn from a cross sectrnn of the Meitei society. There were innumerable acts of violence dnd 'he PLA itsr'f •.-Ifimed th; credi* for the violence and the PLA itself claimed thff rred't for the violent incidents. However, it suffered reverse in the wake of the combined op-raium lannrhrd by the Army and the Police, whereuoon the PT \ siwtcd Ihc pro- gramme of liquidation of the so-called informers and 'ssupd leaflets to those effects. The PI <\ continued . its campaign for winning public supnort as well as for forpterinq i'nt; Government and anti-national sentiments nrnong the people by issuing various pamphlets. It apprna'hrd various insurgent and extremist groups of lhe Eastern Rerron for cooperation and broad-basing their movement. The PLA made arrangements for sending a fresh gang of PLA extre- mists to the main land of China, They asked some political piA/tv in Bangladesh for Derm;ssinn to onen a secret cadre training centre in Rancladesh territory. Similarly, the PRE- PAK continued to be active

KCP" and its Red Army continued ihuir c< -Riina! acidities far "winning of freedom and formation of an egalitarian so- ciety for the Kangleipak (Manipur]". It also dsvWed uiN issued auu the Miiiei Extremist Organis.il.> •:.. \,..'. ufea'ii declared unlawful under "the Act". The oniicr Has upheld "by the Tribunal. Learned Tribunal held iu><: i.w Uovein- ment was justified in- declaring the Msiiei Extremist Organi- sations as unlawful. The order of the Tribunals as well as tho documents and papers proved in the proceedings have teen placed before this Tribunal.

7. In' the present proceedings this Trbunal is mainly con- cerned with "the Notification" dated October, 26. 1983 and to decide whether or not there was sufficient cause for dec- laring the Association as unlawful.

8. DECISSION ISSUE NO. (i)

On two occasions the Parties and Organisations known as the PLA and its Red Army, the KCP and its armed wings, the PREPAK, the Meitei Extremist Organisations were declared unlawful associations under "the Act" by the Tri- bunals .as they had openly declared as their objectiae t&e formation of an independent Manipur comprising toe State of iVfanjjsur and had resorttd to Violent activities in pursu- ance of their objective to bring about the secession of the said State from, the Union of India and had also brought out leaflets that they would go on fighting against the Indian Forces until their objectives were attained. They also em- ployed their armed forces to achieve the said objective. In furtherance of their objective they had been employing their armed forces in attacking the security forces and civil Government and the citizens in the State of Manipur and indulged in acts of looting and intimidation against the . civilian population and collecting funds for their organi- sations.- It was also found by the Tribunals that to achieve the said objective they made positive efforts to resume their contacts with the foreign countries for securing assistance by way of arms and training. Inspite of the notices served on the Parties none appeared to counter the allegations of the Government that the Meitei Extremist Organisations were continuing to exist' as live organisation. There is no averment that the declared objective of the Parties regarding the formation of an independent Manipur to bring about' the secession of the said State from the Union of. India has been changed deviated or altcied or deviated by them. P. Ws. 1. 2 and 3 are all responsible Officers of high echelon. P. Ws. 1 and 3 are Manipuris and they are resident of Manipur. P. W. 1 has affirmatively stated that the Meitei Extremist Organisations continue to exist' as live Organisa- tions having their objective of formation of an indeoendent Manipur State by bringing about- the secession of the caid territory from the Union of India, P W. 1 has proved ihe exhibits including Exts. 3 to 12 (A), the leaflets and book- lets published and/or circulated bv PREPAK, PLA. KCP and their armed wings. The documen*s are of recent origin. In view of the oral evidence adduced by P.Ws. 1, 2 and 3 coupled with the recent leaflets and documents oubl:shed and/or circulated by the Organisations, namely, Exts. 3 to 12(A) I am fully satisfied that the Meitei Extremist Oreani- sat'ons coniinue to exist as live Organisations. On perusal of the evidence of P.Ws. 1. 2 and 3 as w,°ll as the do<*'"n=n*ary evidence marked Exts. 1, 2. 2(A). 2(B). 2CC), 2(D), 3 to 12(A), 24 and 26, I reach the conclusion that the Govern- ments have satisfactorily established that the declared ob- jective of the Meitei Extremist Organisations continue to be the formation of an independent Manipur State com- prising of Manipur bv brins about the secession of the said State from the Union of India by resorting to violent acti- vities. The documentarv evidence, marked Exts. 3 to 17(A) clearlv indicate that, fhe booklets rm<1 leaflet* nave been famed bv the Meitei Fx+remist Organisations declaring that (hey woujd PO on 'fiehMnn aeainst the Tndian forces until their objectives are attained. The. documentary rnj"*<"*JiiW n\nrpd at the disnosai of the Tribunal dear'v e"f"WM, ffcat fhe Organisation" expressed in writing that thev intend and

126 GI/84— 2

5

actively support the claim to bring abojjt the secession of the State of Manipur from the Union of India. The leaflets aiui uuviuusiiis puuiishcu and c rcuiaied by tiie Organisations incite the people of Manipur to bring about suc^i secession, Exts. ^ to 12(A) ciearly indicate that the Meitei Extremist Organisations disclaim question and disrupt the sovereignty and territorial integrity bf Ind a. Leaving aside thd documen- tary evidence, which were taken into consideration bv the previou. Tribunals, I find that Exts. 3 to 12(A). the Ieafts published and circulated by the Meitei Exteremist Organi- sations clearly manifest that they intend 1'. The expressions "secession of a part of the territory of India from the 'Jnion" include the assertion of any claim to determine whether such part will remain a part of the territory of India, as defined in Section 2(d) of "the Act". Any Associa- tion, which has for its object any unlawful activity", or which encourage or aids persons to undertake any "unlaw- ful activity'', or of which the members undertake sualu activity, is an unlawful associafion, as defined in Section2(g) of "the Act". As such, die assertion made and- objectives depicted in Exts. 1 to 12(A) as well as the incitements made to bring about the secesron, are all unlawful activities, as defined in Sec. 2(f) of "the Act" and in that view

9. DECISION ON ISSUE NO. (ii) As alluded, toe previous Tribunals, on perusal of the records held that the Meitei Extremist Orgaaisatiow had been employing armed forces, namely, the People's libera- tion Army, the Red Army and the other bodies set "P by them to achieve the objective referred in Issue No. (i). In deed the documents placed at the disposal of the TribtiBsBr- do clearly indicate that the Meitei Extremist Organisations employed the said armed foreo Exts. 1 to 12(A), in parti- cular Exts. 1, 2, 2(A), 2(B), 2(C), 2(D), 6, 7, 9(A), 10 and 10(A) clearly show that the Meitei Extremist Organi- sations have been employing armed forces, namely, the- People's Liberation Army, the Red Army and' other bodies set up by them to achieve their objective.

10. DECISION ON ISSUE No. (iii)

P. Ws. i, 2 and 3 nave stated in Clear terms on the basis of me aucuiiienis mariiea Jbxis. 1 to IAA) >ual tne ood.es, Jrronis ana Associations reierred in "tne Nouuwiuon' tiave been in lurinerance ot their common objecuve employing their armea lorces in itiaciung the security toices and ihe civ^ uovu, ine >auzens' in me aiaie oi lViau^ui myuig.ng in tne acts ot looting and lnumidauou. against the civilian population and collecting tuuds lor liieir Orgmsatn-no. In© unconiroverted evidence adduced by P.W. 1, a responsible police officer ciearly show ina' the PLA, PRfcrnK and KCP and/or their aimed wings nave been responsible for a nurpber of violent incidents. All told 101 serious incidents happened in between 28th Octooei, 1981 to Ailgust, s, 1^83. The PLA is mvolved in 41 incidents. The PRtPAK is in- volved in 46 incidents and the KCP is involved in 14 in- cidents. As many as 29 persons including the members of the armed forces as well as the civilians were Jailed, 21 persons were wounded and Rs. 3,32,029.90 P. was looted. It is found on oral as well as documentary evidence that the PJLA, PREPAK and KCP have been resonsibie ior the violent incidents directed against the security forces, police peisonnel as well as the law abiding citizens. A responsible police officer submitted report, which has been marked as Ext. 2, that continued violent activities of the various Meitei Extremist bodies were apprehended and definite indi- cations were found that it would acquire a sharper edge in coming months. It has t>een stated by P. W. 1, a lesponsible police officer, that even after "the Notification", marked Ext. 23, a number of violent activities have taken n'a e and many lives have been lost, arms and ammunitions were

looted due to the activities of the Meitei Extremist Organi- sations. In view of the, oral and documentary evidence I find •Jftat tlie Meitei .Extremist OrgaxLsaLoiw m furtherance of their aforesaid objectives have been tmploying their armed forces in attacking the security forces, the civil uovt.. the citizens in the State of Manipur and indulging to acts of looking, ininnidation against the civilian population and funds were being collected for their Organisations.

11, DECISION ON ISSUE No. (iv)

It appears that theic; were proof that the Meitei fcxtiemist Oi"ian>jai;ons had m:l.ds efforts to contact with tne countries acioss the bo.der for .securing aosLtance by way of arms' tra'n ng. :n thin regard what i find -s thai an exteimisi orga- nisation ol Burma s providing assistance to the Ivieuei Exiremi i Organ'S-iticiis. However, the Organisation is op- posed- to the established Goverrrnent i.f Burma. I also find that the Govt. oi Burma k trying to assist the Indian Govt. in capturing the extreniiss and irnuing them over to the Indian counterpart. There are indications to show that a political party in Bangladesh promised to assist the Meitei Extremist C ••'<-•:';:. >• "~y of arms and training. There are indicat: • . •" the materials on record that the extremist organisations are crossing the frontier of India and are being trained there. .There is nothing to show that Sny^ established Govt.- across the border

12: DECISIONS ON ISSUE Nos. (v) and (vi) :