YANGMI HAOREI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. Kh. Tarunkumar and Mr. Mark Khapai, learned counsel for the petitioners as well as Ms. Bisheshwari, learned counsel for the private respondents and Mr. Samarjit H., GA for the State respondents.

(2.) In this petition, an apparently intra village dispute between some of the villagers, all Christians, but belonging to different denominations, has raised certain fundamental issues touching upon the right of a villager to stay in his village as guaranteed under Article 19(1)(e) of the Constitution of India and to practice his denominational faith under Article 25 read with Article 26 of the Constitution of India and his right to life and personal liberties as guaranteed under Article 21 of the Constitution.

(3.) The 4 (four) petitioners claiming to be permanent residents of Sharkaphung/Leingangching Village under Kamjong District, erstwhile part of Ukhrul District of Manipur have alleged that they had been forcibly expelled from their village by the Village Authority after the petitioners, who were initially Baptist Christians, adopted Roman Catholic faith in the year 2009. The petitioners alleged that after they adopted Roman Catholic faith, they were warned by the Village Authority of Sharkaphung/Leingangching to apologise and remain in the Baptist fold as, according to the Village constitution, only one Christian denomination, i.e., Baptist Christianity will be permitted to be practised in the village. The petitioners not having heeded the warning, were served the quit notice on 08.03.2010 to leave the village. According to the petitioners, as they failed to leave the village, their houses and properties were destroyed and to avoid any physical harm they escaped to a nearby Litan village and took shelter there. It is alleged that though they had lodged an FIR at the Litan Police Station, no action was taken by the Police. The petitioners also state that even interventions by other Catholic organisations of nearby villages have come to nought and they have continued to remain in Litan village where they had taken shelter.