Supreme Court Asks Meghalaya HC To Defer Hearing Of Petition Challenging Assam-Meghalaya Border Pact

Supreme Court bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala on Monday directed the Meghalaya High Court to defer the hearing of the writ petition concerning the execution of the Assam–Meghalaya border pact till the matter remained pending in the Supreme Court.

Earlier, the Apex Court had stayed the order of Meghalaya High Court which had put an interim stay on the execution of the Assam-Meghalaya border pact, which was entered into between the two States subsequent to the signing of a Memorandum of Understanding (MoU) dated 29.03.2022. The MoU was signed by Assam Chief Minister Himanta Biswa Sarma and his Meghalaya counterpart Conrad Sangma to resolve the long standing interstate boundary dispute, particularly in respect of six areas. The arrangement dictated Assam keeping 18.51 square kilometres of land, with Meghalaya keeping 18.28 square kilometres of land, for the 36.79 square kilometres of total land. Justice H. S. Thangkhiew passed the interim order on a plea moved by Tribal Chiefs, claiming that the MoU violates provisions of the Sixth Schedule of the Constitution which relates to 'Administration of Tribal Areas' in NE States.

The counsel for the party-respondent requested the bench to substitute the High court order with the status quo order. He said– 

"This area is a tribal area in the State of Meghalaya since 1960s. The status of this place should not be changed. It's a 55-year-old status. The moment it comes to Assam, I cease to be a tribal. I am recognised under the Sixth Schedule. For 55 years I have had this status. Overnight they cannot change it. The High Court may be directed to hear it. "

However, CJI DY Chandrachud was not convinced and stated–

"It's an agreement between two Chief Ministers of two different states. The High Court, acting on a writ petition by a citizen, stays the operation of the agreement. Now we have to hear the arguments. Out of deference, the High Court should not hear the matter once we are seized of it. There should be a stay on further proceedings before the High Court."

Accordingly, he dictated the order as per which the special leave petition shall be listed on a non-miscellaneous day in February. Further, during the pendency of the proceedings before the Supreme Court, the High Court was requested to defer the hearing of the writ petition.

Solicitor General of India Tushar Mehta appeared for the State of Meghalaya, which has approached the Supreme Court against the HC order.

Case Title: The State of Meghalaya v. R Hamberly Wahlang & Ors | Diary No.944/2023

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