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Meghalaya HC asks HYC members to file affidavits swearing allegiance to Constitution

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Shillong, Feb 23: The Meghalaya High Court on Wednesday told the members of the Hynniewtrep Youth Council (HYC) to file affidavits swearing allegiance to the Constitution and give undertaking that the members of the organization will not disturb the peace and harmony.

“It would be best if short affidavits are individually filed by all the office-bearers of the organisation swearing allegiance to the Constitution and undertaking not to disturb peace and harmony,” said the Division Bench of Meghalaya HC in its order.

It may be mentioned here that the HYC leaders were impleaded in a case related to the derogatory and defamatory statement against the Court made by the former KHADC chief Adelbert Nongrum in 2015. These include Anthony Kharbuli, Robertjune Kharjahrin, Donboklang Kharlyngdoh, Nickson Dohling and Issac Basaiawmoit.

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During the hearing, the counsel appearing for the alleged contemnors assured the Court that the organisation believes in the Indian Constitution and its office-bearers swear allegiance to the same.

The court, however, said it must be remembered that, subject to certain known restrictions, every citizen in this country has a right to peacefully protest and voice his opinion, however unpalatable the same may be.

“It is also necessary that criticism of even court judgments are accepted, as long as the criticism is not scurrilous. Considering the words used in course of the sloganeering, which may be misunderstood as an act of militancy, if the organisation and its office-bearers swear allegiance to the Constitution and undertake not to disturb peace and harmony, the matter should end there,” it said.

“This Court is a public institution and even judges should be open to criticism. However, there is a limit which cannot be crossed so that the dignity of the institution and the confidence that ordinary people repose in the same is not unduly challenged or disturbed,” the court added.

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