SC adjourns for 4 weeks pleas against denying Assam inner-line permit
Aug 31, 2020
New Delhi [India], Aug 31 : The Supreme Court on Monday adjourned for four weeks hearing on the pleas of two Assam students' unions challenging the Presidential order amending the Bengal Eastern Frontier Regulation, 1873, to deny the state an inner-line permit (ILP) system to insulate it from the Citizenship Amendment Act (CAA).
A bench of the apex court, headed by Chief Justice of India SA Bobde, adjourned the matter after Attorney General KK Venugopal sought adjournment stating that the Central government was having a comprehensive re-look at the law and required some time.
"We want to hear this matter. Even in the Kashmir issue, the same point was involved. Please reconsider your decision. We were going to do that in the final hearing also," CJI Bobde said adjourning the matter.
The apex court had earlier issued notice to the Centre and sought its response on the matter.
The ILP regime is applicable under the BEFR, 1873. In terms of Section 2 of the Bengal Eastern Frontier Regulations (BEFR), 1873, citizens of other states require ILP for visiting these states. There is also protection for the locals with regards to land, jobs and other facilities.
The All Tai Ahom Students' Union' and Asom Jatiyatabadi Yuba Chatra Parishad have challenged the presidential order of December 11, 2019, to amend the BEFR terming it "unconstitutional".
The plea said that the President passed the order for amendment under Article 372 (2) of the Constitution, although as per Article 372 (3), he has the power to do so for only three years from the date of enactment of the Constitution, that is till 1953.
The students' unions have sought an inner-line system in the state to protect them from the effect of CAA especially from those who have come from Bangladesh. They want the implementation of ILP saying that under the BEFR, it was very much prevalent in some undivided districts.
According to the plea, filed by 'All Tai Ahom Students' Union', the President by exercising the power under Article 372 (2) of the Constitution has removed Kamrup, Darrang, Nowgong, Sibsagar, Lakhimpur and Cachar, which forms the part of almost entire Assam presently, from the purview of the BEFR, exactly one day prior to giving assent to the CAA.
The main objective of the ILP system is to prevent settlement of other Indian nationals in the states in order to protect the indigenous population.