Shillong, Dec 5: The Hynniewtrep Integrated Territorial Organisation ( HITO) has asked Chief Minister Conrad Sangma to immediately stop the negotiation with Assam on the inter-state boundary.
A HITO delegation met the chief minister in this regard at his official residence on Monday.
The suggestions of the HITO included recognition to Khasi states and instrument of accession and annexed agreement by the MHA, setting up of inter-state council to resolve border dispute and increasing the compensation to the victims.
The letter is reproduced below.
To
Shri. Conrad K. Sangma,
Hon’ble Chief Minister of Meghalaya,
Shillong -793001
Subject: Demand to immediately stop the negotiation on the inter-state boundary of the state of Meghalaya with the state of Assam.
Refer: Instrument of Accession and Annexed Agreement (IOA & AA) accepted and signed by Shri. C Gopalachari, Governor General of India and the Federation of Khasi States on 17th August 1948
Respected Sir,
In drawing your attention to the above stated subject, we categorically demand that the present negotiation to settle the inter-state boundary of the state of Meghalaya should immediately be stopped in view of the nefarious and ulterior motive of Assam to claim areas outside the 12 settled areas of dispute as has been evidenced by the Mukroh firing incident in which 5 of our Pnar men lost their lives due to unlawful and indiscriminate firing by the Assam Police and Assam Forest personnel on the 22nd November 2022. The following arguments supports our contention that all further negotiations on this matter should be stopped immediately and the Memorandum of Understanding signed between the Chief Minister of Meghalaya and the Chief Minister of Assam should be rescinded immediately.
The lessons of the Mukroh firing incident:- The loss of 5(five) Pnar men’s lives on the 22nd of November 2022 and the subsequent claim by the Chief Minister of Assam that Mukroh village falls under Assam has exposed the ulterior motive of the Government of Assam to keep on claiming land belonging to the Khasi-Jaiñtia Tribe based on illegalities committed against our people and violating the Instrument of Accession and the annexed agreement where our tribal land could not be alienated or grabbed by Assam in any way since it was protected by the Instrument of Accession and the annexed agreement. You are aware that the Khasi-Jaiñtia Tribe has never signed any instrument of merger and that we were brought into India “By Constitution” through the Sixth Schedule to the Constitution of India. In fact in 1951 before the formation of the United Khasi and Jaiñtia District Council, the Governor of Composite Assam had taken it upon himself without the consent of the Khasi-Jaiñtia tribe to transfer the area now known as Block-1 and Block-2 by forcibly transferring our tribal land to form the then United Mikir Hills District Council which is now known as Karbi-Anglong Autonomous Council. This illegal act of the Governor is made blatant by the fact that there was never a report of any commission as required by Para 1 of the Sixth Schedule. Since it is in violation of Para 14 of the Sixth Schedule in which it is mandatory to appoint a commission of inquiry before transferring any tribal area. Now the Govt of Assam is creating new areas of dispute and further illegal claims because it is sad to say that the present MDA Govt has relied only on the findings of Dr. Mukul Sangma 2011 Government which was ultimately stopped, it is apparent that the present MDA has neither the inter-state boundary agreements between the Government of Meghalaya and Government of Assam of 1983 and the subsequent claim made by Meghalaya over the vast tracks of land occupied by Government of Assam and its people through illegal acts of the Assam Forest and Assam Police and at one point of time even the utilising the surrendered ULFA cadres as in Maikhuli area of Ri-Bhoi District. To proving our case we have the map of 1896 certified by the Surveyor General of British India which has showed the true boundaries of the Khasi-Jaiñtia Hills District.
Setting up of Border Outpost should be in the disputed areas:- We appreciate the decision of the Government of Meghalaya to set up Border Outpost of the Meghalaya police but these should be done within the disputed areas as per the executive decisions of the Government of Meghalaya and Government of Assam since 1983 onwards. In fact, in Block-1 the Police Outpost should be in Jrikyndeng village and in Block-2, it should be beyond Jatalong and Sabuda. There should be immediate action to set up temporary Border Outpost at Mokailum ahead of Mukroh village and other areas.
Instrument of Accession and annexed agreement 17 August 1948: – It is clear that the recent loss of five precious lives at Mukroh must be blamed on the MHA the delay by the Union Ministry of Home Affairs, Government of India to address make effect and correct the constitutional ANOMALY with the Status of the Khasi States and the restoration of the Khasi States National Assembly inaugurated on 29 April 1949 by Governor of Assam, in Shillong is one of the primary cause of the boundary conflict for last 75years.
Any settlement of the boundary issue between the Government of Meghalaya and Government of Assam without consideration and recourse to the Instrument of Accession will result in a constitutional crisis and the MDA and BJP will have to bear full responsibilities. As you are aware land, forest, water minerals and excise are the exceptions which neither the Government of India, Government of Assam or Government of Meghalaya can violate. Any transfer of Khasi-Jaintia tribal land without recourse to the Instrument of Accession, and the 13th April, 1951 Notification with regards to Block-1 and Block-2, the Constitutional position as envisage in the Sixth Schedule to the Constitution of India will invite as well as open up avenues for appeal to the United Nations Permanent Forum on Indigenous Issues (UNPFII) and the United Nations Organization (UNO) where India is also a member.
Constitutional duty of the Government of Meghalaya to remove politics from any consideration of settlement of the boundary issue and the need to constitute an inter-state council as per the provisions of Article 263 of the Constitution of India for a final and just settlement of the inter-state boundary between state of Meghalaya and state of Assam.
Increasing compensation and support of the families of the 5 Pnar men killed in the firing incident:- During your visit to Mukroh after the incident of 22nd November, 2022 you have seen with your own eyes the dire financial and economic situation of 1. Late Shri. Ni Dhar 2. Late Shri. Thadli Shadap 3. Late Shri Tal Nartiang 4. Late Shri Six Talang and 5. Late Shri Shirup Sumer. In fact the financial savings from the cancellation of the festivals like the Cherry Blossom Festival, etc. should be released to further support the families of the above deceased apart from giving one member of their family a Government job.
We look forward to your serious consideration of the issues above and expect a positive action on your part as per our submissions above as the Chief Minister of Meghalaya. The official map of the Government of British India of 1896 proves beyond any reasonable doubt that the Government of Assam and its people have forcibly and illegally occupied the Khasi-Jaiñtia tribal land which is in the thousands of square kilometres. This is a blatant misuse of the Constitutional and legal machinery to oppress us after we have suffered from British Imperialism and expect that this MDA Government will do what is right for the Khasi-Jaiñtia and Garo Tribes including other tribes who want to come back or remain in Meghalaya.
Thanking you
Shri. Donbok Dkhar,
President
Shri. Wanbun N Dkhar
General Secretary
Copy to:- Media for public information
