The National Highways Act, 1956

Waikhom Damodar Singh *

Law, Law everywhere but not a single Law is enforced in Manipur in its true effect. The most glaring example of such lawlessness state prevailing very miserably in Manipur presently is in regard to the Law of the National Highways Act, l956 which have been enacted and passed by the Parliament of India for effecting a smooth flow of traffic for the "safe travelling" of the public and "free transportation of essential goods" for their survival. The smooth flow of traffic throughout the country is to be done on all the National Highways passing through all the States.

The National Highways Act, l956 in section 8 (1) says ­ "whoever commit mischief by doing any act which renders or which he knows to be likely to render any National Highways refer to sub­section (1) of section 8 (A) "impassable or less safe" for travelling or conveying property, shall be punished with imprisonment of either description for a term which may extend to 5 years, or fine with both".

In the State of Manipur there are three "National Highways" - NH-39, NH-53 and NH-150, the former running from Assam through the State of Nagaland, the latter two through own sub­division, Jiribam and Mizoram State. Out of the three, NH-39 is the shortest route to reach Imphal and is the most important "lifeline" of Manipur on which depends the economic travelling of the public, particularly the students and sports persons who do the travelling throughout the year on this road for National, International games etc., and for bringing in of all the essential commodities for the day-to-day living of the people of some 25 lakhs of population, including "life-saving-drugs and other relevant items".

Since the Highways come under the National category, their maintenance and protection for effecting the safe and free flow of traffic entail upon the Government of India. But most amazingly and very sadly, the free flow of traffic on NH-39 and NH-53 gets often "impassable and very unsafe" due to the prolonged "economic blockades" imposed very unlawfully by All Naga Students Association of Manipur, and later joined by the Naga Students' Federation of Nagaland, and also due to the unlawful criminal activities of the insurgents and other armed miscreants who extort and loot heavy amounts of money from the "helpless public travellers as well as the owners of the vehicles", non-compliance of which results only to becoming victims of heavy wraths of the freely operating armed ultras and goondas.

Inspite of the "very illegal acts" which very strictly prohibit the blocking of the free flow of traffic on the National Highways as enshrined in the National Highways Act, l956 the Naga and the Tribal student's Union and Association of Manipur with "very damned-care-attitudes" had been indulging into the imposing of the economic blockades on the NH-39 and NH-53 time and again challenging the State Government for not fulfilling their demands causing untold miseries and sufferings to the entire people both of the valley and hills, particularly the poor ones and those living in the far flung hill areas.

Due to the economic road blockades carried out by the Naga and Tribal Association and Union of Manipur and also by the Naga students Federation of Nagaland on both the National Highways, NH-39 and NH-53 since 6th of April the entire helpless people of Manipur are in the "frying cauldron" with death of a woman-passenger-patient from Jiribam occurred due to the road blockade at Awangkhul on Imphal-Jiribam line on NH-53 just recently.

Since the State Government and the Central Government have miserably failed to take up measure for "free flow of traffic" on both the Highways of NH-39 and NH-53 and to safeguard the fundamental rights of and liberty of the people of Manipur as enshrined in articles 19 and 21 of the Constitution of India, one Shri Rajkumar Joysana Singh of Moirangkhom Sougaijam Leirak, Yaiskul, Imphal, whose daughter, Rajkumari Sushma Devi is married to a young Gangmei lad of Tamenglong, very "boldly" moved the Honourable Gauhati High Court, Imphal Bench with a Writ Petition of Public Interest (PIL) on 30 April 2010 in the larger interest and welfare of the "helpless people of Manipur" for taking necessary legal actions against the
(1) Union Home Secretary of India
(2) the Chief Secretary, Government of Manipur
(3) the Director General of Police, Manipur (
4) the Additional Director General of Police, Manipur
(5) the IGP (Law and Order), Manipur
(6) the IGP (intelligence), Manipur
(7) the All Tribal student's Union, Manipur and
(8) the All Naga students' Association of Manipur the former six respondents for their failure to take necessary immediate actions against the two later respondents' who have been left "scot-free" to indulge into the carrying out of their very unlawful and criminal activities at their "sweet-will" making the entire people of Manipur live in a "Hell" like situation as the "ransom" for fulfilling their demands.

In response to the prayer of Writ Petition of Shri Rajkumar Joysana Singh the Honourable Gauhati High Court, Imphal Bench, on 5 May 2010, had directed to issue Notice of Motion calling upon the respondents to show cause as to why a Rule as prayed for should not be issued; or why such further or other orders should not be passed as the Court may seem fit and proper, and the respondents nos. 3 and 4, the Director General of Police, Manipur and the Additional Director General of Police, Manipur to arrest and produce the respondents ­ 7 and 8 i.e. the leaders of All Tribal Students' Union Manipur and the All Naga Students Association of Manipur before the Court on 13.5.2010.

However, the 7 and 8 respondents, it is learnt, were not arrested and produced before the Court on 13.5.2010. The failure of appearance of the respondents appears to be due to the fact that the Naga and Tribal students do not bother at all even to comply with the orders of the High Court, rather the ATSUM have condemned the orders of the Honourable Court as was published in the local paper, Poknapham of 7.5.2010 issue, who in the meantime have declared that they have no connection with the blockades clamped on the National Highways" NH-39 and NH-53 as was published in the above mentioned paper on 13 May 2010.

Such being the highly intolerable and contemptible situation coming up, the petitioner may be left with no other alternative than to pay the Court for directing the Union Home Secretary of the Governnent of India, being the respondent number one, to take necessary immediate action for arresting and producing the number 7 and a respondents without fail. Also it is very likely that the petitioner has to move the Court for taking necessary action against the Chief Minister of Nagaland for his utter failure to protect the NH-39 and make the free flow of National Traffic on the portion of his State, as is required to be done, as his bounden duty, under the National Highways Act.

Simply enacting of Laws has no meaning unless they are effectively "implemented" or "enforced" on the ground, the failure of which means there is no Government existing at all as is the very impression felt on the minds of the people of Manipur presently. Actually, it is the Prime Law of the Land, the Criminal Procedure Code that bars the free entry of Muivah in Manipur though he has become years during the majestic life at now a citizen of India after the lapse of some 40 period of which he as a foreigner a very luxurious and the foreign cities as he has become an "accused and wanted person" involved in criminal cases for which the State Police have registered a case against him under F.I.R.No.555(7) 95 IPS under sections 121-A/400 IPC, 25(1-8) Arms Act, 5 Explosive substance Act and for his arrest by any person the Government of Manipur had already announced a cash reward of Rs. 3 Lakhs on April 4, 1994.

The legal procedure of the land that is very much presently in vogue is—one, the Police has set the "the Law in Motion" against any person, whomsoever he may be, except the President of India and the Governors of the States, the mandatory provisions of section 177 of the CrPC have to be complied with, which says—"every offence shall ordinarily be inquired into" and "tried by a Court" within the local limits of whose jurisdiction it was committed and it is the Police officer of the case who only statutorily empowered to make the motion of the Law stop without any interference from his superior authority by sending up his completion report of the investigation that he had taken up in two ways as required under section 173 of the CrPC—one in the form of Charge Sheet stating that in his thorough investigation carried out sufficient material evidences against the accused have been found and hence the Honourable Court is to proceed with the Trial against the accused person and pass its final verdict for the ends of justice which may ene either to "conviction" for punishment or to "acquital" for freeing the accused from the criminal charges framed against him, or no sufficient evidences have been found to initiate for a trial and hence the case against the accused is returned in FR (Final Report).

The usual procedure followed presently is the accused person for an offence remains in Jail under judicial custody as an undertrial prisoner till the completion of his trial by the Court which cannot be exempted at all as an exception in the case of Muivah under any circumstances and hence his immediate arrest by the State Police "is a must", not only from Manipur but from any place of the world, and it is most amazing as to how the Government of India had been "harbouring the accused person, Muivah as he is" violating and suppressing their own Laws and legal procedures when granting him the "amnesty" for political offences cannot be considered by the State Government umless and until the charges for criminal offences against him are cleared by the verdict of the Court.

Since the NSCN(IM) have now opted to drop their demand of independent sovereignty and settle their case within the ambit of the Constitution of India there is no Law at all to "waive out" the criminal charges pending against their leader, Thuingaleng Muivah.