Page No.# 1/6 GAHC040003302025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : PIL/8/2025 Miss Mahima Dele and 2 Ors (Law Student) Daughter of Mrs Rusi Delle, permanent address Village Mayu II, PO and PS Roing, Lower Dibang Valley District, Arunachal Pradesh 792110 2: Miss Naiyang Darang Age: Occupation : (Law Student) Daughter of Mr Otem Darang permanent address is Village Kaba PO and PS Namsai District Namsai Arunachal Pradesh 792103 3: Miss Adrina Daji Age: Occupation : (Law Student) Daughter of Mr Obang Daji permanent address is PO and PS Tuting Upper Siang District Arunachal Pradesh 79110 VERSUS The State of AP and 9 Ors represented by the Chief Secretary, office at Arunachal Pradesh Civil Secretariat, Itanagar, Papum Pare District 791111 2:The Deputy Commissioner Age: 0 Occupation : Govt of Arunachal Pradesh Likabali Lower Siang District Page No.# 2/6 791125 3:The Director General of Police Age: 0 Occupation : Arunachal Pradesh Police Office at Police Headquarters (PHQ) Chandranagar Itanagar Papum Pare District 791111 4:The Superintendent of Police Age: 0 Occupation : Arunachal Pradesh Police Govt of Arunachal Pradesh Likabali Lower Siang District 791125 5:The Officer in Charge Age: 0 Occupation : Likabali Police Station Arunachal Pradesh Police Govt of Arunachal Pradesh Lower Siang District 791125 6:Baku Taipodia Age: 0 Occupation : acting President of Jigo Yego Students Union Son of Moba Taipodia resident of PO and PS Likabali Lower Siang District Arunachal Pradesh 791125 7:Gijir Zirdo Age: 0 Occupation : Organizing Chairman of the Bandh cum Acting General Secretary of Jigo Yego Students Union Son of Shri Tagi Zirdo resident of Auto Stand at the main Market Po and PS Likabali Lower Siang District Arunachal Pradesh 791125 Page No.# 3/6 8:Markir Taipodia Age: 0 Occupation : Organizing Secretary of the Bandh cum Acting Finance Secretary of Jigo Yego Students Union Son of Shri Domar Taipodia resident of Village Likha PO and PS Likabali Lower Siang District Arunachal Pradesh 791125 9:Pobom Gibi Age: 0 Occupation : Organizing Vice Chairman of the Bandh cum Acting Chairman Communal Harmony and Border Affair Jigo Yego Students Union Son of Shri Ipo Gibi resident of Village Likha near Tinali Junction Po and PS Likabali Lower Siang District Arunachal Pradesh 791125 10:Bomri Karlo Age: 0 Occupation : Organizing Assistant Secretary of Bandh cum Acting Secretary of Jigo Yego Students Union resident of Likabali Lower Siang District Arunachal Pradesh 79112 Advocate for the Petitioner : Marge Lombi, Advocate Advocate for the Respondent : Mr. R.H. Nabam, Additional Advocate General, Arunachal Pradesh. Page No.# 4/6 – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE KARDAK ETE 28.04.2025 (Vijay Bishnoi, CJ) This PIL petition is filed by the petitioners highlighting that the respondent “Jigo Yego Students’ Union” and its office bearers had called for a 12 hours bandh on 26.12.2024 in the aera of Likabali Police Station. The petitioners have raised a grievance that the police have not taken enough measures to control the situation, wherein during the bandh called, the local people of the area concerned had been harassed by the organizers of the bandh and the members of the Organization, who has given a call for 12 hours bandh in the area of Likabali Police Station. The petitioners have prayed for the following reliefs in this PIL petition:- “In the premises aforesaid, it is most humbly prayed that may this Hon’ble court be graciously pleased to admit this writ petition, invoke its extraordinary writ jurisdiction, and issue a rule calling upon the respondents to show cause as to why the orders as prayed below by the petitioners be not issued against them:- (i) Issue a writ of mandamus to respondent No.4 (SP Lower Siang) to lodge an FIR before the Likabali Police Station against the alleged criminal acts of respondent No.6 to No.10 (office bearers of the organizing Union JYSU) and against leaders of several other Unions who were abetting the bandh from the forefront; (ii) Issue a writ of mandamus to respondent No.3 (DGP Arunachal Pradesh Police), respondent No.4 (SP Lower Siang) and respondent No.5 (OC Likabali Police Station) to ensure that a fair investigation, filing of the charge sheet, and all actions relevant for instituting prosecution post registration of the FIR is fairly given effect to: Page No.# 5/6 (iii) Issue a writ of mandamus to respondent No.1 (State of A.P.) to cause a departmental inquiry and disciplinary proceeding against ‘respondent No.2 (DC Lower Siang), respondent No.4 (SP Lower Siang) & respondent No.5 (OC Likabali Police Station)’ under the applicable service rules for refraining from coming to the aid of the citizens during the illegal bandh; (iv) Issue a writ of mandamus to respondent No.1 (State of A.P.) to ensure that all its civil servants, law enforcement agencies, and armed forces strictly adhere to the law laid down by the Hon’ble Supreme Court in Communist Party of India (Marxist) vs Bharat Kumar’ James Martin vs State of Kerala; and give effect to the guidelines/directions laid down by the Hon’ble Guwahati High Court in Lower Assam Inter District Stage Carriage Bus Owner’s Association vs The State of Assam & 11 Ors; Hispreachering Son Shylla & Ors vs State of Meghalaya across Arunachal Pradesh in spirit. - And in the interim, pending disposal of this writ petition, be further pleased to – - (v) Issue a writ of mandamus direction to the respondent No.2 (acting DC Lower Siang), respondent No.3 (DGP Arunachal Pradesh Police), respondent No.4 (SP Lower Siang), respondent No.5 (acting OC Likabali Police Station) to adopt all possible preventive measures against the already declared multi-phase bandh like – issuing prohibitory orders; imposing proportionate curfews; committing preventive detention’ registration of subsequent FIRs if necessitated etc.; (vi) Issue a writ of habeas corpus to respondent Nos. 1 to respondent No.5 to protect the life & liberty of the individuals residing in Likabali township from the hands of the high-handed Jigo Yego Students’ Union. (vii) Issue a restraining order against respondent No.6 to No.10 (office bearers of the organizing Union JYSU) to refrain from enforcing their already announced multi-phase bandh within Lower Siang District, and for refraining from organising/enforcing any other bandh calls in future at any other region. And/or issue any other writ or order which this Hon’ble Court may deem fit in the peculiar facts and circumstances of this matter.” Page No.# 6/6 Response is filed on behalf of the respondent Nos.2 & 4 to the PIL petition, wherein it is highlighted that the local administration has engaged the representatives of the “Jigo Yego Students’ Union” prior to a day when the bandh was called for. However, during the discussions, initially the organizers of the bandh calls has promised to call off their proposed bandh, however, in the evening of 25.12.2024, the Students’ Organization took U-turn and declared to continue with the bandh call on 26.12.2024. Countering with the said situation, the Administration took every step including declaring the bandh call as illegal. It is also highlighted that the required police personnel and the Officers of the Administrations were deputed to prevent any untoward incident during the bandh call. It is also specifically stated that no major incident took place during the bandh call and, therefore, no action against the Organizers of the bandh call was taken. Counter affidavits were filed on behalf of the respondent Nos.2 & 4 on 08.04.2025. However, till date no counter to the same has been filed. Taking into consideration the overall facts and circumstances of the case, we are of the view that no further order is required to be passed in this PIL petition. Hence, the same is disposed of. However, the respondents are advised to take all preventive measures in future if any such bandh call is given by any Organization, including the respondent Organization, and take effective steps so the businessmen/ shopkeepers/labourers and the general public should not face any untoward situation during such bandh calls. JUDGE CHIEF JUSTICE Comparing Assistant