Road blockade a punishable offence, says Nagaland Home Commissioner

Dimapur, Aug. 16 (EMN): Nagaland Home Commissioner, Abhijit Sinha on Tuesday informed that blocking of national highways and public roads is a punishable offence under the National Highway Act 1956, the Prevention of Damage to Public Property Act 1984 and Indian Penal Code.

The home commissioner, through an office memorandum, stated that various judgments of the Supreme Court and high courts have held that bandhs and road blockades are illegal and unconstitutional and that the organisers must be prosecuted.

The memorandum stated that certain individuals, organisations and associations had been calling for bandhs, strikes, agitations involving blocking National Highways and public roads in the State as a mode of agitation to press for their grievances.

It 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,” the memorandum read.

It stated that any purported grievances for any agitation should be brought to the notice of, and pursued with, the concerned government authority for appropriate action, and that any public gathering, meant to express views or grievances or otherwise, is illegal without prior permission of the competent district authorities.

“Further, district authorities are also empowered under law to firmly deal with those indulging in actions which violate the law or create law and order problem or disturb the existing atmosphere of peace and public tranquility or cause nuisance and obstruction to general public,” it stated.

The home commissioner also notified that the district administration and police officials should appropriately sensitise the organisations and groups concerned which have any pending grievance or have given call for disruptive agitation.

‘Further, in case of any violations of the mentioned regulation on the part of any individual/group/association, the authorities concerned should initiate appropriate action under the relevant provisions of 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,’ it sated.

“An illustrative list of provisions which may be invoked depending on the situation is annexed. This list is not exhaustive and other Laws as applicable may also be invoked by the law enforcing agencies,” it added.

Actions under different acts that can be invoked:

1. Indian Penal Code:

1. 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.
2. 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.
3. Section 153: Wantonly giving provocation with intent to cause riot.
4. 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.
5. Section 153B: Imputations, assertions prejudicial to national integration.
6. Section 188: Disobedience to order duly promulgated by public servant
7. Section 341: Punishment for wrongful restraint
8. Section 342: Punishment for wrongful confinement
9. 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