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The Manipur High Court recently upheld the dismissal order passed against Md. Yahiya Khan, a Rifleman in the 4th India Reserve Battalion at Thenguchingjin (Manipur) for his alleged involvement with an underground outfit in the State.

The division bench comprising Chief Justice Sanjay Kumar and Justice Lanusungkum Jamir held that the single judge bench order setting aside Khan’s dismissal was in error.

Court said, “the finding of the learned Judge that the Governor’s satisfaction has to be personal and could not be delegated runs contra to the law laid down by the Constitution Bench...Further, the constitution of a Committee of Advisors and the reliance placed by the Governor upon the recommendation of such Committee stands protected by the edict of the Supreme Court...The findings of the learned Judge to the contrary are therefore unsustainable.”

Md. Yahiya Khan, a Rifleman in the 4th India Reserve Battalion at Thenguchingjin (Manipur), was arrested on May 19, 2015 in connection with a case registered under Sections 121, 121A IPC; Sections 16(1)(b) and 20 of the Unlawful Activities (Prevention) Act, 1967; Sections 25 (1)(a) and 25(1B) of the Arms Act, 1959; and Sections 4 & 5 of the Explosives Substances Act, 1908.

He was accordingly placed under suspension with immediate effect by the Commandant of the 4th India Reserve Battalion and later on dismissed in 2017.

In his order, the Under Secretary (Home), Government of Manipur, stated that the Governor of Manipur had noted that in the interest of the security of the State, it was not expedient to hold an enquiry in the case of Md. Yahiya Khan’s involvement and association with subversive activities.

However, on the basis of the information available, the Governor was satisfied that his activities were such as to warrant his dismissal from service and, accordingly, the Governor dismissed him from service with immediate effect.

It was alleged that Khan being a member of the India Reserve Battalion under the State Police Department, continued to work for CorCom (Coordination Committee - a conglomerate of seven valley-based militant outfits in the State of Manipur) and was one of its active workers.

Allegedly, Khan used to engage in activities supporting the underground elements by transporting arms and ammunitions and was paid money.

However, when Khan moved the high court against his dismissal order, the Judge held that the authorities had failed to satisfy the Court that the impugned dismissal order was passed in the interest of security and set it aside.

The authorities were directed to reinstate Md. Yahiya Khan into service and give him a posting other than in the post which he was holding prior to the order of his dismissal.

Being aggrieved by this judgment, the State of Manipur had knocked on high court’s door again through the instant appeal.

Case Title: The State of Manipur v. Md. Yahiya Khan and Ors.