Assam Accord deportation clauses: HC disposes PIL, awaits SC decision

Staff Reporter

Guwahati: The Gauhati High Court disposed of a Public Interest Litigation (PIL) plea seeking the strict implementation of the deportation clauses of the Assam Accord, 1985, in view of a case with similar issues pending before the Supreme Court. The HC decided that the present PIL should be closed, awaiting the decision of the Supreme Court (SC).

A bench of Justice Michael Zothankhuma and Justice N. Unni Krishnan Nair disposed of the petition (PIL/57/2016) 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 with certain clauses to that effect. It was the case of the petitioner that the central and state authorities have failed to protect and promote the cultural, social and linguistic identity of the Assamese people.

The petitioner further argued that for the identity of the indigenous people to be safeguarded, the Assam Accord has to be implemented in “right earnest”. The plea in the PIL was also concerned with the insignificant number of deportations and the continued stay of illegal migrants in the state of Assam. The petitioner specifically prayed for the implementation of Clauses 5.1, 5.2, 5.3, 5.4 & 5.5 of the Assam Accord 1985, which form the backbone of the detection and deportation process.

The court observed in its order that a specific prayer of the petitioner for declaring the proposed bill for regularization of the foreigners of Hindu religion who migrated to Assam till 2016 as illegal to be ‘null and void’, noting that the said prayer had become ‘infructuous’ in view of the enactment of the Citizenship Amendment Act, 2019.

The HC stated that it is ‘awaiting’ the verdict of the SC, as the parties had also admitted that similar matters are pending disposal before the apex court.

While disposing of the PIL, the bench said, “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.”

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