On the morning of the 31st January, 2005, TYC Centrex and RTYC members numbering around 17 activists, were summoned to Kacheri(Court) in Lower Dharamsala for hearing on the Case No. 161-1\04, FIR No. 30\40 P.S. Dharamshala, State versus Mahila Dolma, at the aftermath of the Lathi-charge by the local Police on the TYC peaceful marchers participating in Freedom March on 11th of February 2004.
The marchers despite being beaten up and locked-up in Police station by the local police were charged of Section 147\149\341\323\353\332 Indian Penal Code of offence involving in Rioting, unlawful assembly, wrongful restraints, Voluntary causing hurt, Assault or criminal force to deter public servant from discharge of duty etc. All the accused in the case may be sentenced to 8 years and one month in prison and impose a fine of several thousands rupees, if found guilty and prosecuted by the judge.
So far, TYC in its 35 years of existence has several scores of court cases being lodged against them in the courts of Dharamsala, Chandigarh, Hyderabad and most prominently in Delhi.
A case contested since 11th March 1992 is still on trial and was consequently re-appealed in the Supreme Court of India following a verdict from Delhi High Court. The case no. 72\93, State versus Choegyal and others, FIR No. 60\92 Chanakyapuri P.S. under section: 324\435\186\353\148\149 of Indian Panel Code involves 8 TYC activists including Choegyal from Hunsur Tibetan Settlement, South India. These accused had to undergo unimaginable difficulties including prohibition of travelling out of India without Court’s sanction and notification, which is almost non-existent.
Similarly, a case State versus Mrs Rawang and 14 others in FIR No. 17\2001 under U\S 188 IPC involving 15 activist is still on trial in Delhi High Court for the past four years.
A highly controversial case of State versus Norbu under section 147\149\341\427\506 Indian Penal Court involved 12 Tibetan students from Chandigarh colleges, in a demonstration against Chinese Ambassador to India, Mr Hu Jundao in October 2002, in Chandigarh City. The students were wrongly accused for involving in Rioting, Unlawful Assembly, Wrongful restraint, Mischief, criminal intimidation and were arrested, beaten and a criminal case lodged against them. Several students suffered injuries as a result of police beating in custody. The case has only recently got terminated on 25th of November 2004 after the court imposed a huge sum of fine on the activists.
A case State versus Tenzin Jugney and others Dated 23rd May 1998 in the aftermath of the 1998 Unto-death Hunger Strike organized by TYC, convicted and tried 119 Tibetan activists. The case took five years to be solved by the Supreme Court.
The activists of TYC had to go through incomprehensible anguish and torment, each time Indian security forces arrest them during protest demonstrations against Chinese Government and were beaten-up, jailed and prosecuted. The long-drawn out process of court hearings and Haziri(attendance) wear down the activists in the legal wrangle, proving a major hurdle and irritants in their freedom struggle, severely restricting their movement and freedom.
“The numerous such legal cases, will never dishearten the spirit of the TYC to initiate further activities for the Tibetan cause. However these cases are certainly a huge financial burden on the Organization, given the fact that over a dozen cases are lodged against TYC each year. But that’s all the part of our struggle” said Mr Kalsang Phuntsok Godrukpa, President, Tibetan Youth Congress.
