PDS rice scam: 3 ACAUT members arrested for ‘criminal trespass’

• Arrested leaders produced in court; refused bail
• ACAUT Nagaland demands unconditional release
• Warns of intensified public agitation

Dimapur, Dec. 12: The series of collisions between ACAUT and the department of Food and Civil Supplies over alleged pilferage of supply goods by the latter – which allegedly runs to the tune of several crore rupees – was given a viscous turn on Monday that could yet snowball into a major confrontation.

Early Monday morning, Dimapur police arrested three members of ACAUT – Joel Nillo Kath, Simon Kelio and Hukiye Yepthomi – basing on an FIR filed by one RZ Lotha of M/S Lotha Trading Company in which he had alleged that “a group of 40-70 persons illegally intruded” his storage facilities located at Kevijau and Lhomithi colonies.

According to Dimapur police, “prima facie grounds for criminal trespass was established”, and the three ACAUT members were arrested. They have refused bail “as a matter of principle since they have been arrested on baseless and false allegations”.
ACAUT Nagaland on Monday condemned the arrests and accused the state government of acting “dictatorially” and misusing its power to cover corruption. It stated that instead of arresting the criminals responsible for siphoning off thousands of crore worth of PDS items meant for the poor, the government has arrested the complainants i.e. ACAUT Nagaland members on “flimsy grounds of trespassing”.

ACAUT members told a press conference late Monday evening that there was no question of trespass since they had entered the storage facilities “with the consent of the occupier.” They reasoned that if ACAUT members had trespassed, then the same should be said of the police personnel who were the ones to lock the facilities.

“Such outrageous actions of the government defy common sense of justice and it’s highly condemnable, when government put all its force and machinery to arrest on false and flimsy grounds but not arrest or act on serious issues of multi crore corruption. The real criminals run scot free making a mockery of the people of Nagaland setting a frightening precedent,” they said.

ACAUT has demanded unconditional release of the three arrested members by Tuesday, and also the immediate arrest of the accused persons named in its FIR and RZ Lotha “for false accusation leading to arrest of innocent” people. “Or else, we will intensify the public agitation,” according to Khekiye K Sema.

He said it was “the first time in history” that complainants have been arrested, instead of the accused person(s). Sema also said that the ACAUT was in possession of “photos and other visual evidences” collected from the market in Dimapur to prove the sale of rice in synthetic bags allegedly repackaged inside the storage facilities. “We are prepared to prove it in any court”.

“ACAUT Nagaland questions the legality of repackaging PDS rice without label, trademark, manufacturing date, name of the manufacturer and address, ISI mark and FSSAI license no. which is mandatory under the Food Safety and Standard Act of 2006.”

ACAUT was also in possession of a letter from the chief medical officer of Dimapur which stated that the storage facility M/S RZ Lotha located at Kevijau colony was without Food Safety & Standard (FSSA) license. ACAUT wondered at his “audacity” to file an FIR “for trespassing into his illegal PDS godown”.

It asked why the government was hell-bent on protecting Tinku Sethi and Nirmal Jain “who were caught red-handed siphoning PDS rice” and not take cognizance of the prima facie evidences provided by the Concern Citizens of Nagaland. “In light of the attempt by the government to cover up a scam of such magnitude and proportion, ACAUT Nagaland can only conclude that the chief minister and the department are directly involved in the multi core scam and that only a CBI inquiry would do justice to expose this can of worms.”

According to Sema, ACAUT will now club the fuel adulteration and PDS rice issues together since they both involve the state Food and Civil Supplies department, and seek for a fair and independent probe. “It is important for the people of Nagaland to stand up together.”

The Joint Action Committee formed by the 13 village/colony councils have also declared – in a representation addressed to DC Dimapur – that “unless the case is brought to a logical conclusion, the FCI godown(s) located in our jurisdiction will not be allowed to function and if necessitated JAC will further resort to our own course of action for which we shall not be held responsible whatsoever”.

Dimapur police also informed on Monday that one person, Mintu Tiwari, the caretaker of the office that manages the two storage facilities was arrested on Sunday last. “The others named in the complaint are not found to be in station at present,” it informed.

According to Dimapur police, it was legally bound to act on any complaints received and apply due procedure of law equally. “However, it would also like to remind the public and various civil societies that, irrespective of the causes undertaken, one cannot take law in one’s hand and function as a parallel authority.

“While civil organisations are important components of a healthy society, its actions must be confined within the ambit of law and cannot be based on pre-assumptive assertions. It cannot demand space that is beyond its mandate and any action beyond such may amount to violation of laws and therefore entail legal actions,” it stated.
NTC seeks unconditional release

Dimapur, Dec. 12: The Nagaland Tribes Council expressed shock at the attitude of the State Government in arresting the anti-corruption activists for busting the illegal operation in the food storage depots by registering case of criminal trespass based on a complaint filed against the December 9 godown exposure of diverting food grains and re-packaging into plastic bags.

The NTC urged the State Government to immediately take steps and unconditionally release the activists.

In a release issued by its media cell on Monday, the NTC deplored “the action of the state in registering FIR lodged by the godown proprietors and issuing arrest warrant leading to the arrest of the activists without proper inquiry into the FIR”.

“This lightning speed action of the State to arrest and constrain the activists is shocking since in numerous cases where FIRs are being lodged by the concern citizens on many corruption and criminal cases are kept in cold storage without any visible action from the law enforcing agencies. It is a clear case of Government trying to protect the illegal operators to save those people in authority and holding public offices from possible exposure,” the NTC said.

It maintained that the public have absolute right to know how the Public Distribution System works and how the stockiests are operating to distribute PDS items to the public through distribution points. “The action of the ACAUT is well justifiable without any doubt since the public deserve to know the truth behind the nefarious operations in the store houses and they don’t have any ulterior motive or vested interest in checking the stores,” it said.

“For no concrete reason, a fake counter FIR has been lodged by the complainant and it is very unbecoming for the State to act upon such an FIR without proper inquiry,” the NTC added.