High Court Closes PIL Against 'Illegal' Stay Of Migrants & 'Insignificant Deportations' As Per Assam Accord, Awaits SC Verdict

A Bench of Justice Michael Zothankhuma and Justice N. Unni Krishnan Nair, disposed of the petition filed by the Assam Andolon Sangrami Mancha, which had raised alarm over the "insignificant number of deportations" despite the legal framework of the Assam Accord.

"As the Supreme Court has apparently not decided the issues till today, which are also agitated in the present case, we are of the view that the present PIL should be closed awaiting the decision of the Supreme Court. Accordingly, we close the PIL awaiting the decision of the Hon'ble Supreme Court", the bench said.

It was the case of the petitioner that the Union and State authorities have failed to protect and promote the cultural, social and linguistic identity of the Assamese people.

The PIL plea was also concerned with the insignificant number of deportations and the continued stay of illegal migrants in the state of Assam.

Further, the petitioner argued that for the identity of the indigenous people to be safeguarded, the Assam Accord has to be implemented in "right earnest."

The petitioner specifically prayed for the implementation of Clauses 5.1 to 5.5 of the Assam Accord, 1985, which form the backbone of the detection and deportation process.

These clauses read as under:

5.1 For purposes of detection and deletion of foreigners, 1.1.1966 shall be the base date and year.

5.2 All persons who came to Assam prior to 1.1.1966, including those amongst them whose name appeared on the electoral rolls used in 1967 elections, shall be regularized.

5.3 Foreigners who came to Assam after 1.1.1966 (inclusive) and upto 24th March, 1971 shall be detected in accordance with the provisions of the Foreigners Act, 1946 and the Foreigners (Tribunals) Order 1964.

5.4 Names of Foreigners so detected will be deleted from the electoral rolls in force. Such persons will be required to register themselves before the Registration Officers of the respective districts in accordance with the provisions of the Registration of Foreigners Act, 1939 and the Registration of Foreigners Rules, 1939.

5.5 For this purpose, Government of India will undertake suitable strengthening of the governmental machinery.

In its order, the Court observed that one specific prayer of the petitioner was to declare the "proposed bill for regularization of the foreigners of Hindu religion" (who migrated till 2016) as illegal. However, it noted that the said prayer had become 'infructuous' in view of the enactment of the Citizenship Amendment Act, 2019.

The PIL plea was closed 'awaiting' the verdict of the Supreme Court as the parties before the bench also admitted that similar matters are pending disposal before the top court.

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