My 46 Questions to L. Ibomcha, Hon'ble MLA in connection with ILPS in Manipur
- Part 1 -

Dr. Khomdon Lisam *

ILP : Protest demonstrations were staged at different parts of Imphal West on March 01 2015 :: Pix - Shankar Khangembam

Two Police officers came to my residence at Palace Compound on 26 March, 2015 at about 1.30 p.m. The senior Police Officer said to me "L. Ibomcha , MLA has filed an FIR no. 88(03) 2015 Imphal Police Station under section no. 1244 a /186/189/505(2) IPC. Pabung . Did you publish an article in the newspaper in which you defamed Shri L. Ibomcha singh , Hon'ble MLA of Keisamthong Constituency".

I said "why should I defame him. I am only bringing the facts before the people." Then he showed me the para of the article in which Shri Ibomcha singh got offended . The para is taken out from my article entitled "How can we salvage the Manipur State Legislative Assembly ? ". The para reads like this "the mistake our Honourable Chief Minister Shri O. Ibobi Singh has committed is his too much reliance and confidence in Shri L. Ibomcha Singh, Opposition MLA , who happened to be the Law Secretary at one time. He is using his legal knowledge and expertise in destroying Manipur.

Honourable Chief Minister might have genuinely wanted to fulfil the demands of the Joint Committee on Inner Line Permit System (JCILPS). But Shri L. Ibomcha Singh might have warned or threatened the Chief Minister about the possibility of declaring such an act as unconstitutional and the possibility of the Act being struck down by the Supreme Court or the High Court. They could not see any other option." I told the Police Officer that we respect Shri L. Ibomcha Singh . He is not only MLA but he was also at one time the secretary /Law under the Government of Manipur. He is a legal expert . He was a member of the drafting Committee. He enjoy the faith and confidence of the Hon'ble Chief Minister , Manipur.

I myself and the members of the Joint Committee on Inner Line Permit System (JCILPS) were expecting that he will be able to bring out an effective law for protecting the indigenous people (natives ) of Manipur. On the contrary , he was instrumental in bringing out the present Bill entitled " The Manipur Regulation of Visitors, Tenants and Migrant Workers Bill". His actions has disappointed the people.

The JCILPS announced 18 hours band and demanded to withdraw the Bill. The young people and women are sitting in Dharna , protested everywhere. The State Government also initiated a series of repressive measures . Any time, violence may erupt anywhere. This present Bill is meant to protect the migrant workers and not to protect the indigenous people (natives ) of Manipur. If you want to arrest me for writing this article , you can arrest me now.

The Police Officer replied " No Pabung. We came in civilian vehicle to evade public notice, we do not come in police vehicle . We want to know only the facts. Then I briefed them about why the JCILPS is doing this mass movement on Inner Line Permit System, what is Inner Line Permit System etc.

The Police Officer said " Pabung , you may arrange for an Anticipatory Bail. " I said I am not interested to go for an Anticipatory Bail. You can come and arrest me any time. I am ready to go to jail. I will invigorate the JCILPS movement by going to jail. The Police Officers said that they will discuss the matter with their senior officers and inform me again. They left the place.

Nowadays it is very dangerous to be right when the government is wrong. Who will Protect us from Our Government? Anyway, I want to ask the following 46 questions to Shri L. Ibomcha singh , Hon'ble MLA for his clarification to the people .

1. Are you a legal expert ? For me, you are second to none.

2. Did you work as the Secretary /Law at one time under the state government.

3. Are you enjoying the faith and confidence of the Hon'ble Chief Minister as a legal expert ?

4. Were you a member the Drafting Committee of the present Bill ?

5. Were you a member the All Political Parties Committee on the present Bill representing NCP?

6. Did you agree/accept to the Title of the present Bill "The Manipur Regulation of Visitors , Tenants and Migrant Workers Bill" ? This Title is dull, not appealing, misleading and does not reflect the main objectives of the Bill The suggested title of the Bill was " Protection of the Indigenous people of Manipur Bill-2015 ".This title is appealing, attractive, reflects the main objectives of the Bill and will be able to attract the attention of the Government of India. The second option may be the "Manipur Inner Line Permit Bill -2015" . The third option may be Manipur Migrants Regulation Bill- 2015. The present title should be dropped without further consideration. If you do not agree, who pressurised you to agree ?

7. Did you agree/accept to the objects and reasons of the present Bill ? The stated objects and reasons of the present Bill is " to maintain tranquillity and public order in the interest of general public and visitors by registering the visitors , tenants and migrant workers ". The JCILP is very clear about the objectives of the Bill. The main objectives of the Bill may be (1) to protect the identity, culture, lands, language, script and business of the indigenous people and permanent residents of Manipur (2) to regulate the entry , employment and settlement of migrants to Manipur. If you do not agree, who pressurised you to agree ?

8. Did you agree/accept to the definitions of "Permanent Resident" of the present Bill ? The definition given in the Bill is : "Permanent Residents" means "a person who is ordinarily a resident of state of Manipur". This is really very dangerous. I feel that this definition will give a blanket right to every migrant worker to buy land and settle in Manipur. Is it not against the general interest of the indigenous /native people of Manipur . Once His Excellency, the Governor of Manipur gives assent to this bill, it will be very difficult to amend the Bill. Once this right is given with the assent of the Governor, any amendment will amount to forfeiture of this right with complicated legal consequences. Why did not you consider this aspect as a legal expert. You can say that Permanent Resident means a person born or settled in Manipur prior to 18 November, 1950 (day on which the permit system was abolished by Chief Commissioner Himmat Singh )

9. Did you agree/accept to omission of protection of land . At present any outside migrant worker can purchase land in the valley areas of Manipur . Did you agree to the omission of protection of land for the indigenous/native people of Manipur. There is no provision on ban of purchase of land by migrant workers. The legal experts have recommended for insertion of this clause on ban of purchase of land by migrant workers but you have ignored the recommendation of legal experts and you are instrumental for this omission which is against the general interest of the indigenous/native people of Manipur.

10. Did you influence or agree /accept the Bill without Punishment Clauses ? So far my information goes, you have also pointed out that under Article 35 (a)(ii) of Indian Constitution, the State can not pass a law with punishment clauses . Is it correct ? Karnataka State Assembly had passed an Act namely the Karnataka scheduled castes and scheduled tribes (Prohibition of transfer of certain lands) act, 1978 wherein a conviction and a punishment with imprisonment which may extend to six months or with fine which may extend to two thousand rupees or with both was prescribed. If Karnataka can do it , why not Manipur State Legislative Assembly do it. That means , you are misguiding the Hon'ble Chief Minister.

11. Are you aware : the legal experts have pointed out that without punishment clauses like detention , the law will not be effective . It will be like paper tiger " ? If so why did you fail to provide Punishment clauses in the Bill. ? People may interpret your expertise as a shallow knowledge of law.

12. Are you aware of the 7th Schedule List 2 (State List Entry 64 –Offences against Laws of the Indian Constitution under which the state is empowered to enact laws connected with offences ? If so, why not you include the punishment clauses in the Bill ?

13. Are you aware that the Permit system introduced by the Manipur Durbar in 1901 was abolished by Mr. Himmat Singh, the then Chief Commissioner of Manipur on 18 November, 1950 without the approval of the Government of India, allowing free entry, unchecked influx of migrant workers from other states ?

14. Are you aware that many political leaders are using the migrant workers as their vote banks- registering their names in the electoral rolls ? If so, why not you include a clause for deletion of names of migrant workers who entered Manipur after 18 November , 1950 (day on which the permit system was abolished by Himmat Singh) from the electoral rolls in all affected constituencies of Manipur.

To be continued ...