TRIBAL RIGHTS AND NATIONAL SECURITY

CASE: THE GOVERNMENT OF SAKLESHPUR VS LTDC AND FREE LOFO

PEOPLES’ COUNCIL: BALANCING MINORITY DEVELOPMENT AND NATIONAL
SECURITY.

Factual Background
The Central Government of Shilpsthan, along with the state government of Sakleshpur and the
Lofo Liberation Tigers (LLT), formed the Lofo Land Territorial Council (LLTC), a land
council through the Minorities Special Territorial Act 2020. A memorandum of
Understanding (MOU) was executed on 14th April 2022 as per the 6th schedule of the constitution
and turned this region which is rich in petroleum to semi-autonomous under the Union of
Shilpsthan. The Council has the authority to independently plan and execute infrastructural
development programs in the region.
The land which is in urgent need of development is inhabited by Lofo’s Lagas and Lamis tribe.
The Lofos are the dominant tribe comprising 90 percent of the population with a literacy
rate of 60 percent and a BPL below 10 percent.
LLT enjoys massive youth support from the Lofos. Lofo is a plain tribe and not a scheduled
tribe. Recently it has got the status of notified scheduled tribe (ST).
Lofo Tigers Development Company (LTDC) has won the tender to construct schools and health
centers, which will provide free service to the locals.
*Fact file- LTDC is a sister agency under LLT. The board of members of the two are completely
different. However, LTDC receives funds from LLT. After a recent flood in Sakleshpur, LTDC
was made in charge of reconstruction of the infrastructure. For their speedy and effective job,
LTDC was appreciated and acknowledged by the governor of the state.
LTT has a history of involvement in illegal activities when few of its members were arrested for
corruption.
TIMELINE OF EVENTS
16th March 2023- The Sakleshpur Investigative Authorities (SIA) arrested a group of Red
Cornered Terrorists with hard evidence linking them to LLT.
*Fact file- SIA is a governmental organization formed under a recent policy created to fight
against terrorism. No proper procedure has been established in the agency as of now since it was
formed recently.
20th March 2023- the National Investigation Council and Anti-Terror National Council together
arrested key members of LLT and sufficiently proved the LLT’s central committee’s
involvement.
20th April 2023 – Further hard evidence proves beyond doubt that LLT was involved in the
infamous Sakleshpur Assembly attack in March 2022.
1st May 2023- Chief of Operations of LLT surrendered and pleaded guilty.
3rd May 2023- The chief in a press conference, in an open letter and in front of the District Judge
disposes and reveals that LLT’s top brass is involved in various anti-government activities.
4th May 2023- Pressure on the Sakleshpur Assembly and Parliament to take action on LLT
increases.
5th May 2023- Parliament declares LLT a terror outfit.
6th May 2023- The above mentioned MOU stands nullified. The LLTC also stands invalidated
until further creation of another territorial council. Lofo land comes under the President’s rule
with immediate effect.

7th May 2023 – Violence breaks loose in LLTC- Government resort to Article 144 and RAF
action to control the situation.
20th May 2023- Free Lofo Peoples’ Council and LTDC demand the revocation of the cancellation
of the tender and restart infrastructural activities.
PROSECUTION:
The prosecution argues that the cancellation of the MOU and halting of infrastructural activities
infringe upon the rights to free education under the Right to Education Act (RTE), free medical
health under Directive Principles of State Policy (DPSP), and overall minority development
under minority rights.
This cancellation undermines the minority rights enshrined in the constitution.
The government's response reflects insensitivity towards the Lofo community and delays the
much-needed development of the marginalised community.

DEFENDANT:
The defendant, the Government of Sakleshpur, argues that the cancellation of the MOU and the
halt of infrastructural development projects are necessary for national security reasons. The
defendant asserts that LLT, which has close ties with terrorist organizations, poses a threat to
national security. They argue that the cancellation of the tender and halting of development
projects are crucial to prevent the spread of anti-nationalistic ideas among the youth of
Sakleshpur. The defendant contends that conducting thorough sanitization and background
checks on LLTC and its associated agencies, such as LTDC, is imperative before allowing further
infrastructural activities.