'Impedes Upon Fundamental Rights Of Residents': Meghalaya HC Objects To Establishment Of Facilitation Centres Under Meghalaya Resident Safety and Security Act

The Meghalaya High Court on Tuesday expressed strong reservations against sections 17 and 18 of the Meghalaya Resident Safety and Security Act (MRSSA), 2016 which allow for the creation of 'facilitation centres' for the purpose of 'weeding out any known anti-social elements and wanted criminals'.

The Court was adjudicating upon a Public Interest Litigation (PIL) petition moved challenging the constitutional validity of MRSSA, 2016.

A Bench comprising Chief Justice Biswanath Somadder and HS Thankhiew observed on Tuesday that the State of Meghalaya indeed has the legislative competency to enact the impugned legislation in exercise of powers conferred under the various Constitutional provisions. However, the Bench objected to the statutory provisions that permit the establishment of facilitation centres.

The counsel appearing for the State government informed the Court that purpose of establishing facilitation centres under the Act is "only" for verification of tenants and weeding out any "known" anti-social elements and wanted criminals.

Emphasising on the need for implementation of other effective alternatives for verification of tenants, the Court observed,

"This specific averment is not indicative of the fact that the State of Meghalaya possesses other effective mechanisms for weeding out any "known" anti-social elements and/or wanted criminals and the situation in the State of Meghalaya is such that it requires to create and/or establish a facilitation centre "only" for weeding out any "known" anti-social elements and/or wanted criminals. This averment can also only mean the obvious, which we do not want to elaborate at this stage."

Accordingly, the Court accorded the State government an opportunity to 'clearly and categorically spell out' the purpose behind establishing such facilitation centres and to come up with other effective mechanisms.

"Let this Court know specifically as to whether the State, as of date, has no other effective mechanism for weeding out "known" anti-social elements from the State without impeding upon the fundamental rights of the residents and it will "only" be possible to do so by creation of the facilitation centres under the relevant provisions of MRSSA, 2016", the Court further directed the State government.

An affidavit in this regard was directed to be filed before the next date of hearing. The matter is slated to be heard next in 2 weeks time. 

Case Title: Ibahunlang Nongkynrih & Ors. Vs. State of Meghalaya & Ors

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