Ban Confirmed on National Socialist Council of Nagaland (NSCN)

This gazette notification details the Unlawful Activities (Prevention) Tribunal's proceedings regarding the ban on the National Socialist Council of Nagaland (NSCN). Presided over by Justice K. Ramamoorthy, the Tribunal reviewed evidence, witness statements, and reports detailing unlawful activities, including extortion, secessionist movements, and violence against security forces. The Tribunal confirmed the Central Government's notification declaring the NSCN an unlawful association under Section 4 of the Unlawful Activities (Prevention) Act, 1967. The tribunal urged extremists to abandon violence, abide by the rule of law, and integrate into the national mainstream.

THE GAZETTE OF INDIA : EXTRAORDINARY | [PART II-MINISTRY OF HOME AFFAIRS

NOTIFICATION

New Delhi, the 20th May, 1999

S.O. 361(E).—The following is published for general information :—

BEFORE HON'BLE MR. JUSTICE K. RAMAMOORTHY

UNLAWFUL ACTIVITIES [PREVENTION] TRIBUNAL :

IN THE MATTER OF :

NATIONAL SOCIALIST COUNCIL OF NAGALAND (NSCN)

The Government of India, Ministry of Home Affairs, issued a Notification on the 27th day of November 1998 declaring that National Socialist Council of Nagaland (NSCN) and all factions, wings and front organisations thereof under various leaders (hereinafter referred to as NSCN) as unlawful association, by virtue of power conferred on the Govt. of India under Section 3(1) of the Unlawful Activities (Prevention) Act, 1967. The Notification reads as under :—

"S.O.1011(E).— Whereas the National Socialist Council of Nagaland, and all factions, wings and front organisations thereof under various leaders (hereinafter referred to as NSCN) and the agencies purporting to act in or on behalf of the NSCN or in its name:

(1) has been declaring as its policy objectives - secession of the Naga inhabited areas, a part of the territory of India, from India;

(2) has been engaging in unlawful activities which are prejudicial to the sovereignty and integrity of India.

(3) in pursuance of its aims and objectives engaged in several unlawful and violent activities during the period when it had been declared as unlawful association, thereby undermining the authority of the Government and spreading terror and violence among the people for achieving their objectives.

[Page 7]

[भाग II—खण्ड 3(ii)] | भारत का राजपत्र : असाधारण

And whereas the Central Government is of the opinion that violent and unlawful activity include:

(a) extortion of funds and collection of illegal tax from the public including businessmen, traders and Government officials in Nagaland, Manipur and parts of Assam and Arunachal Pradesh;

(b) maintaining and further strengthening links with the other North-East insurgent groups like the United Liberation Front of Assam, Bodo militants, Meitei, Tripura and Khasi extremist groups and extending support to them;

(c) maintaining sanctuaries, safe havens and training camps in the neighbouring countries;

(d) procuring large number of arms and ammunition, including sophisticated ones, through clandestine/illegal channels abroad and inducting them secretly into Manipur and Nagaland through some neighbouring countries;

(e) utilising international forum like the United Nations Commission on Human Rights, the Working Group on Indigenous peoples etc. for anti-India propaganda abroad;

(f) extending active support to Naga villagers for causing and fermenting communal clashes between the Naga and Kuki tribals in Manipur and Nagaland.

And whereas the Central Government is also of the opinion that on the basis of material placed before it, the activities of NSCN are detrimental to the sovereignty and integrity of India and that it is an unlawful association;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 3 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967), the Central Government hereby declares the National Socialist Council of Nagaland (NSCN) including all its factions, wings and front organisations

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to be an unlawful association;

And whereas the Central Government is further of the opinion that if there is no immediate curb and control, it will take the opportunity to:

(1) mobilise its cadres for escalating its secessionist, subversive and terrorist/violent activities;

(2) openly propagate anti-national activities in collusion with forces inimical to India's sovereignty and national integrity;

(3) procure and induct more illegal arms and ammunition from across the international borders;

(4) raise anti-India propaganda abroad in connivance with foreign agencies;

(5) extort and collect huge funds and illegal taxes from the public for its unlawful activities;

And whereas, the Central Government, having regard to the above circumstances, is of the firm opinion that it is necessary to declare the NSCN, and all its factions, wings and front organisations to be unlawful with immediate effect and accordingly, in exercise of the powers conferred by the proviso of sub-section (3) of section 3, the Central Government hereby directs that this notification shall, subject to any order that may be made under section 4 of the said Act, have effect from the date of its publication in the Official Gazette."

The Tribunal has been constituted under Section 4 of the Unlawful Activities (Prevention) Act, 1967 to consider the question of confirmation of the Notification.

Notices were issued to the parties concerned and the Inquiry was conducted. In the Inquiry, the Govt. of Nagaland examined the following witnesses and

[भाग II—खण्ड 3(ii)] | भारत का राजपत्र : असाधारण | 9

documents Ex. P.1 to P.8 have been marked.

1. PW.2 Mr. D. Ahmed

2. PW.3 Mr. I. Toshitsungba Aier

3. PW.4 Mrs. Meilemla Pongener

The Central Government apart from filing the affidavit explaining the circumstances examined Mr. Ram Phal as PW.1.

The documents and the oral evidence adduced would prove beyond all doubt that the extremists claiming to belong to NSCN Group are guilty of committing serious offences of murder, extortion, snatching of arms and making the lives of the people miserable and the progress of the State is serious hampered by these activists. These activists have to be brought to the national stream by the powers that we have by following the great examples of Acharya Vinobha Bhave and Lok Nayak Jai Prakash Narayan and reform these misguided extremists. These extremists have to follow the examples of the ancestors who had made great sacrifices for the sake of the country.

It is evident from the epitaph found in the War Cemetery, Kohima how the people of yester years had the glorious attitude to do anything for the well being of the future generations. It reads:—

"When you go home,

Tell them of us and say,

For their tomorrow we gave our today".

Such should be the attitude of all the people and we have tremendous responsibility as citizens of this country.

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country. To lay strong foundation for the progress of the nation and leave not only a sordid base for future achievements but lofty ideals for the posterity: Even in the newspaper dated 27.4.1999 killings of BSF personnel have been reported by the extremists and I hope these extremists would be well advised to follow the fore-fathers who had followed the principle of 'SATYAM VADHA' (speak the truth) and 'DHARMAMCHARA' (follow righteous path) as often stated by Sri Sathya Sai Baba.

The observations made by me in the Report relating to United Liberation Front of Asom (ULFA) would apply equally to this Organisation and I have no hesitation in confirming the Notification issued by the Govt. of India under section 4 of the Unlawful Activities (Prevention) Act, 1967.

May 17, 1999.

(K. RAMAMOORTHY)
CHAIRMAN
AJAI SRIVASTAVA, Dy. Secy.

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