CUTTACK: The Orissa High Court on Friday declined to interfere against the state government’s notification that had declared Daman Pratirodha Mancha (DPM) as an “Unlawful Association” on June 20, 2006. The DPM had challenged the notification claiming that its aim and objective was to sponsor the cause of the tribals, dalits, farmers, fishermen and weaker sections of the society, more specifically the exploited, downtrodden sections of the state in a democratic method.
The division bench of Justice BR Sarangi and Justice MS Raman, however, held that the activities of the “so-called” petitioner-association are akin and identical to the Naxal movement and, as such, with the militant Naxal group CPI (Maoist). The conveners have tried to use firearms and explosives in the pretext of fighting for the cause of tribals and weaker sections of the society.
“Thereby, by inciting the innocent tribal and other weaker sections of the society to take to violence affecting law and order situation against the government and acting prejudicial and detrimental to the public order and rule of law can come within the definition of Section 15(2) of the Indian Criminal Law (Amendment) Act, 1908 as unlawful association”, the bench observed.
“The activities of the petitioner association can be construed to be unlawful. Therefore, the contention raised, that the petitioner- association has been functioning within the framework of the Indian Constitution and observing the democratic principles and the said organisation as well as its members have strong faith, respect, and honour upon the Constitution, is absolutely misleading.”
“Rather, the petitioner-association is subserving the aims and objective of the militant Naxal group CPI (Maoist), as revealed from the documents filed by the state authorities in the counter affidavit,” the bench added.
Earlier, when DPM filed the petition in 2006, the high court had dismissed on April 8, 2011 observing that its activities are in the nature of political activities but it is not registered before the Election Commission of India under the Representation of the People Act, 1950.
But when DPM challenged the judgment, the Supreme Court set aside the order and remitted the case back to the high court on January 30, 2017 to decide the issue involved in the case afresh on merits and expeditiously dispose of the case.
What HC said
HC Bench observed activities of DPM are akin to Naxal movement
The outfit can come within section 15 (2) of ICL (Amendment )Act, 1908