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Imphal Free Press
Thursday, 09 September 2010
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Put the Issue to Rest

2 months, 11 days and 3 hours, 26 minutes, 31 seconds ago

It has been a week that the economic blockade over the ADC elections wound up, so too the controversial ADC elections to all the six District Councils. However, and unfortunately too, the issue is far from being put to rest. As the All Manipur Christian Organisation, AMCO, recently appealed it is now for the government to think of ways to wind up the entire issue conclusively, and nowhere better to begin this process than by lifting the “wanted” notices served to the presidents of the United Naga Council, UNC, and the All Naga Students’ Association, Manipur, ANSAM, as a goodwill gesture. It is true that the “wanted” notice to the ANSAM president became necessary because of a court order in response to a PIL filed against the blockade, but the one on the UNC president is at the government’s own initiative, probably reasoning that the both the leaders behind the blockade might as well be brought to book while executing the court order on one. Vacating the notice, at least on the ANSAM president, hence will have to be with the consent of the court, but then now that the blockade has been lifted, and that the government was incapable of executing the order while the blockade lasted, probably the issue has become ultra vires already, although we must confess our interpretation is only from a lay perspective.

But the point remains that it should not be difficult for the government to now draw the legal issue involved to a definitive close. Let the government be reminded that any unfinished agenda, no matter how inconspicuous they may seem, are undesirable to be left unresolved. In Manipuri this is summed up in the well known belief that a story that is abandoned unfinished (utka waiga sinnadaba wari “where all the husks have not turned to ashes”) would return to haunt in nightmares. Keeping this timeless wisdom in mind let the government earnestly begin the process of tying up all the loose ends. Let it first and foremost bring a conclusion to the “wanted” issue. Even if the legal issue of the court directive remains alive, it must, with the cooperation of the ANSAM and UNC leaders, put the matter to rest. If the issue is not ultra vires already probably the ANSAM president will be required to present himself before the court for the case to be dismissed. The court of law, as all enlightened citizens would know, goes by laid down procedures and seeks justice through strict enforcement of these laid down procedures. The justification or lack of it of the economic blockade on the National Highway is a political matter, but from the law’s point of view the politics of it is peripheral. At the core is the fact that an economic blockade is illegal, hence the court’s directive to the state and central governments to get it lifted using whatever means within its command. It may also be recalled how so many other institutions likewise left aside all the political questions and simply condemned the blockade. The experience of the past two months should have reminded everybody of the fundamental assumption of adjudication: the end cannot justify the means.

Again, although the ADC elections are over, there are plenty more to be resolved. If the first phase of the 2-phase elections went off well by and large, recording over 80 percent turnout, the same cannot be said of the second phase. In many of the polling booths in Ukhrul, Senapati and Ukhrul districts, there was no turnout at all. The government would probably say everybody has the right to not participate in a democratic exercise, but knowing what the ground reality was, we all know it is not as simple. While probably there were putative candidates and electors who stayed away in voluntary response to the call for a boycott of the elections, it is also a fact that many others stayed away because they feared the consequences of participating. This fear was not unrealistic at all as the state is witnessing now in the manner organised arson attacks are being made on houses of those who dared to participate. In the case of the latter, the government failed to provide them the secure atmosphere and yet pushed ahead with the elections. If not for anything else, then from this perspective alone, the second phase elections can hardly be said to have been fair. The Manipur Assembly has been summoned next week. We do hope the matter of the ADC elections also comes up for discussion during the session. Apart from thrashing out a reconciliatory formula, we also hope the prospect of fresh elections in those constituencies where there have been abnormally low voting, is considered.