Nagaland: Supreme Court dismisses PIL against ILP

Source: morungexpress.com

The Supreme Court of India, on July 2, has reportedly dismissed the Public Interest Litigation (PIL) filed by lawyer Ashwini Kumar Upadhyay challenging certain sections of the “Bengal Eastern Frontier Regulation, 1873 which gives unbridled power to a State to prescribe ILP.”

Upadhyay contended that Nagaland has only eight per cent Hindu population and the ILP allegedly discriminates against the minority.
“Supreme Court dismisses a petition filed by lawyer and BJP leader Ashwini Upadhyay seeking direction to the Centre and Nagaland govt to not extend the Inner Line Permit (ILP) in new areas and ascertain the feasibility of withdrawing it,” an update by ANI news agency stated on Tuesday.

A Bench headed by Chief Justice Ranjan Gogoi, while dismissing the plea, said, “What we have to do with Inner line permit (ILP),” according to another update by the Asian News International (ANI).

The IANS reported that as Upadhyay persisted on a detailed hearing on the matter, the bench, which was rising after concluding the day’s proceedings, apparently got irked and refused to allow him to withdraw the petition, as he intended to present it before the ministry concerned.

The court took a sharp jibe at Upadhyay as he said that journalists are also supposed to acquire the permit to enter the state.

“You are trying to seek the support of the journalists in the courtroom,” Chief Justice Gogoi said.

Nagaland Chief Secretary, Temjen Toy, confirmed the news on Twitter by stating that information regarding the dismissal of the PIL has been received.

“Just got the news that the PIL filed on the ILP issue has been dismissed by the Supreme Court,” he tweeted tagging, among others, Nagaland Chief Minister Neiphiu Rio and Leader of Opposition, TR Zeliang.

The PIL, filed about two weeks back in June, had sought “a direction to the Centre and the Nagaland government to take appropriate steps for the protection of life and liberty, properties and other fundamental rights of non-Nagas living in the commercial hub of Dimapur following the imposition of the ILP.”

The petitioner also contended that the imposition of the ILP would “create a country within a country … and create a monopoly of trade, commerce, business only for new settlers who have come down to Dimapur from the Naga Hills and bar perpetual residency and right to free moment to others,” according to The Hindu.

Upadhyay, in his plea, equated the ILP to a quasi-visa system imposed on the Indian citizens, and sought it be gradually removed and eventually replaced by technology oriented measures like border patrolling, use of technology, strong land rights, financial devolution and increasing accountability in order to achieve the cultural integration of these states with the others in the country.

The filing of the PIL had invited widespread condemnation by various organisations and political parties in Nagaland, including the State Bharatiya Janata Party Unit, with the party denying any association with the petitioner, allegedly a BJP leader, while urging for its withdrawal.

‘Wishes of common people shall prevail’: NSF

Kohima, July 2 (MExN): The Naga Students’ Federation (NSF) has expressed pleasure to learn that the PIL against the imposition of ILP in Dimapur filed by Ashwini Kumar Upadhyay before the Supreme Court of India was dismissed on Tuesday by a bench headed by Chief Justice Ranjan Gogoi, Justice Deepak Gupta and Justice Aniruddha Bose.

The Federation acknowledged the “visionary wisdom of the justices in protecting the rights of the indigenous people and also for uplifting their cause by dismissing the PIL” in a press release from NSF President, Ninoto Awomi, and General Secretary, Liremo R Kikon.

The NSF remained of the view that “dismissal of the PIL is a reaffirmation that despite any attempts to create disharmony in the Naga society by any external forces using dishonest means, the wishes of the common people shall always prevail.”

The body also commended the “outstanding contributions” made by Nagaland State Deputy Chief Minister cum Home Minister, Y Patton, and KN Balgopal, Advocate General to the Government of Nagaland, for “ensuring that the aforementioned PIL is quashed for its frivolous nature.”

It ‘applauded’ their “leadership role in understanding the gravity of the PIL and pursuing the same with all seriousness, thereby, bringing it to its logical conclusion.”

The Federation reiterated its “displeasure” of Ashwini Kumar Upadhyay for “trying to mislead the Supreme Court through the nonsensical PIL.”

“His irresponsible action had been the cause of unrest and uncertainty in the minds of the Naga people for which the Federation shall not easily condone,” the NSF stated.