NPMHR demand justice for Naga human rights activists

KOHIMA, NOVEMBER 28 (MExN): The Naga Peoples’ Movement for Human Rights (NPMHR) has informed that a hearing at the Delhi High Court on November 27 “marked another important step towards justice for Naga human rights activists Luingam Luithui and Peingamla Luithui.”

A press note from the NPMHR Secretary General, Neingulo Krome informed that the two human rights activist, who are also spouses, have been living in “virtual exile” in Canada for almost 20 years after the Government of India (GoI) “arbitrarily impounded their passports.” It stated that a writ filed by the activists, and 12 members of their immediate family and clan, demands the full restoration of their “citizenship rights.”

NPMHR informed that the plaintiff’s counsels pointed out the “illegality and unconstitutionality of impounding” Luingam Luithui’s passport “without providing him due notice and opportunity to respond, as required by law.”

The plaintiffs became Canadian citizens in 2006, almost a decade after Luingam’s passport was “impounded” and his wife was not issued a temporary travel document or duplicate passports after hers was pickpocketed. Indian law does not recognize dual citizenship, and Indian citizens who “voluntarily” acquire citizenship in another country forfeit their Indian citizenship. However, the petition argues that the decision of the plaintiffs to seek Canadian citizenship “does not fit this provision as it was a decision forced on them by the illegal actions of the Indian government which rendered them stateless.”

At the hearing, according to NPMHR, the Chief Justice determined that a tourist visa issued to the plaintiffs so that they could be present in the Court was “not an adequate response to the serious issues raised in the petition.” Following the issuance of tourist visa, the plaintiffs attended the Court hearing on November 27.

The Court was not satisfied with the Government’s failure to file a counter-affidavit which addressed the contentions raised in the petition, it added. NPMHR informed that the Court has given the GoI four weeks time to file its counter-affidavit. The case has been adjourned until February 10, 2015.

Aside from NPMHR members, the hearing was attended by supporters of the plaintiffs, including indigenous rights advocates from Malaysia, Denmark, Switzerland and Canada. NPMHR expressed hope that the response of the GoI will “finally put on record the explanation for its actions persecuting Mr. and Mrs. Luithui, and that the Court will provide justice in the case.”

Luingam Luithui, was one of the founders of both the Naga Peoples Movement for Human Rights and the Asia Indigenous Peoples Pact among others. He was also a signatory to the letter petition that eventually resulted in the Supreme Court of India’s judgment on Armed Forces Special Powers Act (AFSPA) in NPMHR v. Union of India (1998 2 SCC 109).
The “denial” of the plaintiff’s “citizenship,” lamented NPMHR, “has deprived them the opportunity to freely travel to and from their homeland and to enjoy their rights as citizens.”

 

~MExN