Status Of Internally Displaced Persons, Responsibility Of Centre, State Govt: Gauhati High Court Seeks Response On Larger Issues

The Gauhati High Court on Tuesday sought response of the Centre as well as the State Government on the larger issues concerning the status of internally displaced persons and the responsibility of the Central and the State Government towards such persons.

The development came while the division bench comprising of Chief Justice Sudhanshu Dhulia and Justice Manash Ranjan Pathak was dealing with two petitions raising similar issues regarding internally displaced person (IDP) who has been forced to flee from the State of West Bengal to Assam pursuant to the alleged violence post West Bengal Assembly Election.

Observing that certain larger issues were raised in one of the petitions, the Bench ordered thus:

"Some larger issues have been made in PIL 30/2021 such as the status of the IDP and the responsibility of the State Government and Union of India, in these matters. Let a detailed reply be filed by the State of Assam as well as Union of India."

One of the petitions (PIL 29 of 2021) was filed in the High Court seeking rehabilitation measures for victims fleeing from the State of West Bengal to the State of Assam amid post poll violence following the results of West Bengal Legislative Assembly Elections 2021 allegedly perpetrated by goons of the TMC (Trinamool Congress) in the State.

In the aforesaid petition, the Court had sought response of the NCPCR. 

During the course of hearing on Tuesday, the Court took note of the fact that an affidavit was filed stating therein as to the conditions of the children in the makeshift camps in Assam.

Moreover, in the hearing, it was submitted by the counsel appearing for the State of Assam that the State of West Bengal, being a necessary party to the pleas, must be impleaded in the matter. However, the petitioner counsel in both the pleas did not agree with the aforesaid submission.

Stating that the Court shall deal with the aforesaid aspect on the next date of hearing, the Court ordered thus:

"Meanwhile, the State of Assam would be at liberty to file its objections as to the maintainability of the petitions itself, inasmuch as, if State of West Bengal is a necessary party and in case it is a dispute between the State of Assam and State of West Bengal, then this Court may not have jurisdiction to decide the matter, as the matter would then be for exclusive jurisdiction of the Apex Court, under Article 131 of the Constitution of India. Such is the submission of the learned counsel for the State of Assam, Mr. R Dhar. We shall examine this aspect on the next date."

While giving three weeks time for filing reply in the matter, the Court listed the case for further hearing on July 14.

Title: ABHHIJIT SARMAH v. UOI & 6 ORS.

Click Here To Read Order