SHRI MEIHOUBAM RAKESH SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. Rakesh Meihoubam in person as well as Mr. A.Bimol, learned Amicus Curiae. Heard also Mr. H.Samarjit, learned Government Advocate for the State respondents as well as Ms. Sobhana, learned Government Advocate for respondent No.2, Kangla Fort Board.

(2.) In this writ petition, the petitioner has challenged the decision taken by the Kangla Fort Board on 24.01.2013 by which the Board approved the relaxation of age for general public from 60 years to 50 years for allowing morning and evening walk inside the Kangla Fort on payment of prescribed fees. Earlier to the said relaxation, permission was given for morning and evening walk inside the Kangla Fort only to persons who are above 60 years and Government employees. The said decision of Kangla Fort Board to restrict members of public other than Government employees who are below 50 years has been assailed by the petitioner on the ground that it is discriminatory, arbitrary and violative of Art. 14 of the Constitution of India and also violative of Articles 19(1)(d) and 21 of the Constitution. Further, it has been contended by Mr. Rakesh that in any event, such a decision could not have been taken by Kangla Fort Board as it was beyond its jurisdiction and violative of the provisions of Kangla Fort Act, 2004.

(3.) Before we advert to the respective contentions of the parties, it may be relevant to mention that Kangla Fort Board was constituted in terms of Kangla Fort Board Act, 2004 which was enacted by the Manipur Legislative Assembly for administration and control of the Kangla Fort located in the heart of Imphal after the same was handed over by the authorities of the Assam Rifles to the State authorities on 20.11.2004. Kangla Fort, an ancient capital complex of the Meetei Kingdom since time immemorial, was earlier under the control of the Assam Rifles, and handed over to the State authorities. For effective administration and control of the same, the Kangla Fort Act, 2004 was enacted. Under Sec. 4 of the Act, the Kangla Fort Board is to be constituted consisting of the Chief Minister, Manipur as the President, the Minister-in-charge, Art and Culture Department, Manipur as the Vice President, leader of the Opposition in the Manipur Legislative Assembly, 3 (three) members of the Manipur Legislative Assembly to be nominated by the Speaker of the Manipur Legislative Assembly, the Chief Secretary, Government of Manipur, Joint Secretary, Ministry of Home Affairs (North East), Govt. of India, Director General, Archaeological Survey of India, Govt. of India, Director General of Police, Manipur, 2(two) other non-official members/experts, and Commissioner/Secretary, Art and Culture Department, Govt. of Manipur are to be members of the said Board. The duties, power and responsibilities of the Board are enumerated in Sections 12 and 13 of the Act. It has been specifically provided under Sec. 12 of the Act that the Board shall make necessary arrangements for preservation and protection of the Kangla Fort in recognition of the sanctity of the historical monuments, archaeological sites and remains within the Kangla Fort immediately after the commencement of this Act in consultation with the State Government. Sec. 13 spells out the powers and duties of the Board as below:-