ITANAGAR, 13 Jan: The Arunachal Pradesh State Human Rights Commission (APSHRC) in an order on Thursday gave a final opportunity to Doimukh Electoral Registration Officer (ERO) Takar Rava to comply with the directions of the commission or face disciplinary and contempt proceedings for not complying with the directions of the commission with regard to Case No AR/SHRC/11/05/2024.
“On 29 November 2024, the APSHRC had directed to initiate action against one Kalijoy Chakma of Kokila who obtained a forged voter ID. The commission received a complaint after no action by the authorities and admitted the complaint,” the APSHRC stated in a release.
“The office of the director general of police in its report to the APSHRC stated that the refugee Card No 337 issued to Ratan Muni Chakma, father of Kalijoy Chakma, and the original document for identification of Kalijoy Chakma, on 10.11.1982 he was 29 years old and his year of birth was 1953. However, in the voter Card No HBF0402990 issued to him, Kalijoy Chakma showed his year of birth as 1965 instead of 1953. Kalijoy Chakma, who is a refugee and has not been granted Indian citizenship,obtained voter Card No HBF0402990 by making false declaration of his birth as 1965 to qualify as a citizen by birth.
“The commission vide its order dated 29 November,2024 directed the ERO to delete Kalijoy Chakma from the voter list and file a complaint against him with the Balijan police station to register FIR under Section 337 and Section 340 of the Bharatiya Nyaya Sanhita, 2023 (BNS) for making forged voter ID No HBF0402990, which he obtained despite being a refugee and not having been granted Indian citizenship to qualify as a voter,” the release stated.
“Rejecting the police report and directions of the commission, Takar Rava in his report to the commission stated that all Chakmas and Hajongs are citizens of India as per the Supreme Court judgement and Delhi High Court judgement,” it said.
In the latest order on Thursday, APSHRC Chairman Bamang Tago stated that “the order of the state human rights commission is final and the same has been upheld by the Allahabad High Court in its order dated 01/02/2019 in the case of State of UP and 2 Others vs National Human Rights Commission [WRIT (C) No 7890 of 2014]; the Madras High Court in its order dated 5.2.2021 in the case of Abdul Sathar vs the principal secretary to government, Home Department and Ors (WP No 41791 of 2006), the Manipur High Court in its order dated 24.08.2023 in the case of Suhas Chakma and Ors vs State of Manipur and anr [WP(C) No 1082 of 2022] and the Delhi High Court in its order dated 28/01/2025 in the case of Kiran Singh Vs National Human Rights Commission & Ors [WP (CRL) 2475/2015]. It is not within the competence of the ERO, 14 Doimukh AC to not comply with the direction of the commission passed on 29/11/2024. The ERO cannot alter, amend, modify or change the terms of a final judgment/decree passed by the commission and it is merely to enforce a decree, in terms of the final order/judgment.”
Furthermore, the judgments of the Supreme Court and the Delhi High Court do not apply to Kalijoy Chakma because he has not been granted Indian citizenship as per the Supreme Court judgement and he is not a citizen by birth as per the Delhi High Court judgement, the commission said.
It termed the actions of Rava “a grave defiance of the commission,” and issued him a summons under Section 13 of the Protection of Human Rights Act, 1993 to personally appear before the Commission on 14 March, 2025 with the action taken report.
“If the ERO fails to comply with the present directions within four weeks, the commission shall be constrained to recommend disciplinary proceedings against Takar Rava, Electoral Registration Officer, 14 Doimukh assembly constituency and further initiate contempt proceedings against him u/s 13 of Protection of Human Rights Act, 1993, under which the commission enjoys the powers of a civil court trying a suit under the Code of Civil Procedure, 1908 (5 of 1908),” it said.
