ORDER

Date : 03-08-2021 This is an I.A. Application praying for vacation/modification and alteration of this Court’s order dated 07.04.2021 passed in W.P. (C)69/2021.

By the impugned order, this Court had set aside the order dated 12.02.2021 contained in letter NO.-IDUI-75/WTBC/2021 wherein, the Deputy Commissioner, Wokha/respondent No.3 in this I.A. application had passed an administrative order giving timing of worship days for the two groups of the original members of Wokha Town Baptist Church and the breakaway group of Wokha Town Baptist Church by assigning time frame on different specified times as contained in the time table hereinbelow:-

“ GOVERNMENT OF NAGALAND OFFICE OF THE DEPUTY COMMISSIONER WOKHA: NAGALAND NO-IUDI-75/WTBC/2021 Dated Wokha the 12th Feb;’2021 O R D E R As unanimously resolved in the consultation meeting held with Lotha Hoho, Lotha Eloe Hoho, Lotha Students Union and Colony Chairman under Wokha Town on 12th February 2021, with a view to maintaining Law and Order and peaceful atmosphere in Wokha Town, that could be disturbed due to the opening issue in the Wokha Town Baptist Church and the 3 9three) sector Churces, the following arrangement for normal worship days is brought out as below:-

Sl. No. WORSHIP DAYS GROUP-A GROUP-B

1 Wednesday 4 PM to 5 PM2:30-3:30 PM 2 Thursday 4 PM to 5 PM2:30 -3:30 PM 3 Saturday 4 PM to 5 PM2:30-3:30 PM

4 Sunday 11 AM to 12 AM 9-10 AM The Church keys shall be retained by the Sector Church Chowkidar (WTBC) and shall open the church on time for worship by both the parties. All connected parties shall strictly follow the above arrangement.

This order comes into immediate effect and shall continue till the matter is resolved by the Wokha Town Baptist Church and the Lotha Baptist Churches Association.

SD/-

(ORENTHUNG LOTHA)

Deputy Commissioner, Wokha: Nagaland NO-IUDI-75/WTBC/2021 Dated Wokha the 12th Feb;’2021 Copy to :-

1. The Superintendent of Police, Wokha for information and necessary action

2. The Chairman, Lotha Hoho for information

3. The Chairperson Lotha Eloe Hoho for information

4. The President Lotha Students Union Wokha for information

5. All Colony Chairman, Wokha Town for information and necessary action

6. The Pastor, WTBC Wokha for information and necessary action

7. The Pastor, In-Charge Saron, Vungoju, NST Sector Churches Wokha for information and necessary action (Group-A)

8. The In-Charge Tehuphyangza Baptist Ekhumkho, Tiyichan Lotha Baptist Ekhumkho and Samyan Baptist ekhumkho for information and necessary action (Group-

B)

9. Office copy/Guard file SD/-

(ORENTHUNG LOTHA)

Deputy Commissioner, Wokha: Nagaland”

The interim order dated 07.04.2021 passed by this Court was an ex-parte order to survive till the next returnable date.

Learned senior counsel for the applicants Mr. C.T. Jamir submits that prior to the passing of this impugned administrative order, there was no dispute whatsoever and the parties were peacefully enjoying their right of worship in the Sector Churches. However, after the order dated 07.04.2021 by which the administrative order passed by the respondent No.3 on 12.02.2021 was stayed, unrest started and there has been incidences of forceful snatching the key of Sector Churches which has also resulted in filing of FIR. Therefore, unless the interim order dated 07.04.2021 passed by this Court is modified or vacated, there is expectancy of more law and order problems cropping up after the pandemic situation.

Learned senior counsel also submits that the respondents have taken the plea that they were not notified of the administrative order dated 12.02.2021 however, he has pointed out that this order is nothing but the result of the respondents petition to the Deputy Commissioner, Wokha in anticipation of the law and order situation. It is to be mentioned that circular was issued by the respondent No.3 on 12.02.2021 to all the residents of Wokha Town wherein, the respondents are also a members. The fact is that the circular was issued on the behest of the respondents