Don't Regulate Entry Or Movement Of Indian Citizens Into & Within State: Meghalaya High Court To State Govt

The Meghalaya High Court has asked the State Goverment not to restrict or regulating the entry or movement of Indian citizens into and within the State, without indicating any parameters regarding the same.

This direction came from the Bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh while dealing with a Public Interest Litigation (PIL) plea challenging the validity of the Meghalaya Residents Safety and Security Act, 2016.

[NOTE: The Act has been enacted to ensure enhanced security vetting of the tenants and to ensure the safety and security of the citizens of the State by preventing anti-social elements from gaining shelter in the State which might be detrimental to peace and tranquillity, to maintain public order and peace, to verify and regulate the tenants residing in rented houses in the State, to establish District Task Force and facilitation centres, to facilitate effective enforcement of various laws for safety and security of the citizens and for matters connected therewith or incidental thereto]

The PIL, filed by Ibahunlang Nongkynrih & others asserts that deriving powers from the Statute, the State government has set up gates at several points for checks to be conducted on persons seeking to enter the Meghalaya.

It was further submitted that without any objective parameters being set down for denying entry or regulating the movement of any citizen of the country in the State, such check-posts may be impermissible and the exercise of authority thereat may be wholly arbitrary.

Against this backdrop, challenging the validity of the act and the possible draconian manner in which it may be implemented, the petitioners have moved the Court.

On the other hand, the State Government referred to Article 19(5) of the Constitution to argue that its has the power to put up reasonable restrictions on the movement, entry and exit.

However, the Court did note that the grounds on which entry to or movement within the State may be regulated have not been spelt out in the impugned statute or in any rules framed thereunder.

Further, since the State counsel sought time to obtain instructions as to whether any rules may be put in place under the statute to provide cogent and reasonable grounds, the Court listed the matter for February 2 with the following rider:

"...omnibus charter conferred by the impugned statute without indicating any parameters for restricting or regulating the entry or movement of Indian citizens into and within the State may be not exercised."

Case title - Ibahunlang Nongkynrih & ors v. State of Meghalaya & ors

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