The Lotha Hoho (LH), Wokha had received a letter, dated 31.05.2016, from the Nagaland Gaunbura Federation (NGBF), urging the LH to withdraw the Public Interest Litigation (PIL), filed in the High Court, on NP&NG Regulations & Rules 2012. The GBs have also given a Press Release in local media dated 3.6.2016, about their discussion with the Lotha Hoho & Frontal Organisations, at Wokha, on the 1st June 2016. The Release tells not to go to court of law, but to settle issues amicably under Naga Customary Law. Before we go further, let us know what a Gaunbura is. The Gaun (Village) Bura (Old man/Elder) is a Hindi name, meaning Village Elder/Old Man, implying a village elder who can co ordinate in the management of a khel (colony) within a village. Hence as long the management is within the village community, it may not involve the application of other Laws of present day world, since no alien or outsider is involved in the proceedings. But when it comes to the management of matters in the modern world, with national or international parties, the GBs are helpless, as in the matter of Petroleum and Natural Gas (PNG), involving the Ministry of Petroleum & Natural Gas, govt of India, the Oil & Natural Gas Commission (ONGC) of India, Metropolitan Oil & Gas Pvt Ltd (MoGPL), Department of Geology & Mining, Govt of Nagaland, etc. Of course the matter of settlement of issues on exploration, extraction and development of Petroleum and Natural Gas, is not GBs’ assigned responsibility. Let us not misguide the Nagas that the PIL of the LH will have negative consequences for the Nagas. In fact it is the LH PIL which has paved the way for the Nagas to express their rights and to safeguard our traditional rights, as enshrined in the Article 371 A, of the Indian Constitution. For the satisfaction and benefit of all, here are some glaring reasons why the LH has filed the P.I.L. NO.4 (K) of 2015:
1. The LH has filed the PIL for sustaining the provisions of Article 371 A because the NP& NG Regulations and Rules 2012, are against the rights of the land owners.
2. The state govt violated its own existing Act of 1990 by passing the NLA Resolution of 26/7/2010.
3. Why the Nagaland state govt violated Article 371A by imposing CrPC 144, for launching MOGPL at Tssori- Champang Oil fields, on the 21st July 2014? Is this a safeguard under Article 371 (A)?
4. The Ao Senden, on 26.7.2012, rejected the NP & NG draft modalities, presented by Cabinet Sub Committee on petroleum and natural gas (CSC on PNG) for the extraction of oil, natural gas and other natural resources This was followed by the Rejection by the ENPO on the 18.11.2012. When other organisations are not willing to accept the NP & NG modalities, why compel the Lothas to accept what others cannot? Let it be made clear to everyone that the LH is not against exploration, extraction or development of Petroleum & Natural Gas; but is only against some Articles of the Nagaland state NP & NG Regulations & Rules 2012, which are contrary to the provisions of Article 371A. There are 5 (five) such Articles in Regulations and 3 (three) in Rules. Hence many Memorandums have been submitted for Review and Amendment of some of the Articles of Regulations and Rules; but to no response from state govt.
5. The Court has Ruled, on the 9.10.2015, that the GOI is also made a Respondent to the PIL NO.4 (K) of 2015 and thereby preventing the GOI to auction the two Oil blocks, of Nagaland, which is an encroachment into Art 371A. The GOI has earlier called, through the print media, for intending quotations for the auction, of the two oil blocks, of Nagaland.
The Lotha Community has not jumped only at the last moment to file the PIL; but starting from 2008, the Lotha Community had submitted many Memorandums and Appeals to the state government; but were not attended to or responded by the state govt. The following 6 (six) memorandums and Appeals had been submitted by the Lothas to the state govt, awaiting response from the state govt:
i). In 2008, on the 15th July 2008, the then sitting Lotha Legislators, submitted their Decision, on the terms and conditions, for exploration and extraction of Oil & Natural Gas, within Wokha district. However the Lotha Legislators were not consulted while framing the NP & NG Regulations & Rules 2012.
ii). The Champang Land Owners Union, on the 22/01/2009, had submitted to the Nagaland state government, through the Parliamentary Secretary, incharge of Geology and Mining, Nagaland, “Demands of the Land Owners”.
iii). The Lotha Hoho (then Kyong Hoho in 2012), on the 16th August 2012, submitted to the Nagaland state govt, through the Secretary of the Cabinet Sub Committee, on NP & NG, its Draft Modality on NP & NG.
iv). The Lotha Hoho (then Kyong Hoho in 2012), again on the 15th September 2012, submitted to the Governor of Nagaland, its Draft Modality on NP & NG. But the state govt never bothered to either discuss or respond to the memorandum.
v). The Lotha Students’ Union (then Kyong Students’ Union), on the 25th June 2014, submitted a Memorandum to the Nagaland state government, raising its objections to allotment of permit to MOGPL and mentioning various demands for amendment of the NP & NG Regulations and Rules 2012.
vi). The Apex Lotha Hoho, Wokha, has, on the 20th July 2015, submitted to the state govt, through the Chief Secretary, a Memorandum, requesting for Cancellation of the Permit awarded to the MOGPL, and has even consented to withdraw the PIL, filed by the Kohima Lotha Hoho, so as to pave the way for a negotiated settlement. The Lotha Hoho Memorandum has clearly cautioned that “in the event of the state govt’s failure to respond favourably, the matter will be taken to the court of law”. But the state govt never bothered to either discuss or respond to the memorandum. Hence this PIL (No. 4 (K) 2015).
Mhao Humtsoe Chairman, Lotha Hoho, Wokha, Nagaland
Er.Mhondamo Ovung General Secretary Lotha Hoho, Wokha, Nagaland
