Home Commissioner of Nagaland, Abhijit Sinha, through an office memorandum, stated that certain individuals, organizations and associations calling for bandhs, strikes, and agitations involving blocking National Highways and public roads in the State as a mode of agitation to press for their grievances. In this regard, he stated that blocking National Highways and public roads is a punishable offence under relevant sections of the National Highway Act 1956, the Prevention of Damage to Public Property Act 1984, and the Indian Penal Code. Further, in various judgments of the Supreme Court and High Courts, it has also been held that bandhs and road blockades are illegal and unconstitutional and organizers must be prosecuted.

He further stated that in some cases as a part of agitation to press for certain local demands, calls are given for disturbing celebrations of National Days or forcefully preventing law abiding citizens from participating in such celebrations and functions. It may be stated here that any forceful act with intent to disturb the celebrations of the National Days is illegal and a serious offence and the culprits are liable to be prosecuted under relevant sections of law.

Any purported grievances for any agitation should be brought to the notice of, and pursued with, the concerned Government authority for appropriate action. Any public gathering, meant to express views/grievances or otherwise, without prior permission of the competent district authorities is illegal. Further, district authorities are also empowered under law to firmly deal with those indulging in actions that violate the law or create law & order problems or disturb the existing atmosphere of peace and public tranquility, or cause nuisance and obstruction to the general public.

The Home Commissioner said that the District Administration and Police officials should appropriately sensitize the organizations, and groups concerned that have any pending grievances or have given a call for disruptive agitation. Further, in case of any violations as mentioned above on the part of any individual/group/association, the authorities concerned should initiate appropriate action under the relevant provisions of the Indian Penal Code, the Prevention of Damage to Public Property Act 1984, the National Highway Act 1956 and such other appropriate Laws depending upon the violations, disruptions, disturbances caused.

An illustrative list of provisions that may be invoked depending on the situation is given below. This list is not exhaustive and other Laws as applicable may also be invoked by the law enforcement agencies.

Actions Under Different Acts That Can Be Invoked (Depending Upon The Specific Incidents)

1. INDIAN PENAL CODE:

a. Section 143: Whoever is a member of an unlawful assembly shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. b. Section 147: Whoever is guilty of rioting shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. c.Section 153: Wantonly giving provocation with intent to cause riot. d.Section 153A: Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony. e.Section 153B: Imputations, assertions prejudicial to national integration. f.Section 188:Disobedience to order duly promulgated by public servant. g.Section 341: Punishment for wrongful restraint. h.Section 342: Punishment for wrongful confinement. i.Section 426: Punishment for Mischief

2. The Prevention Of Damage To Public Property Act 1984:

a. Section 3: Mischief causing damage to public property

3. The National Highway Act 1956

a. Section 8B: Punishment for mischief by injury to national highway

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