Guwahati: Encroaching upon KAAC’s power: Gauhati HC satisfied at adherence to MoS

Staff Reporter

Guwahati: The Gauhati High Court offered the view that no further orders are necessary in an PIL regarding the state and central governments encroaching upon the functions of the KAAC, after the governments said that such transgressions would not happen and agreed to abide by the Memorandum of Settlement, 2011 (MoS).

The assurance was made by the counsels for the state and central governments during a hearing by the bench of Chief Justice Vijay Bishnoi and Justice Kardak Ete into a public interest litigation case (PIL/70/2022) filed by Rensing Bey. The petitioner had raised a grievance that the state government, its agencies, and the central government are gradually encroaching upon the function of the Karbi Anglong Autonomous Council (KAAC). The actions of the central government regarding the Memorandum of Settlement, 2011 (MoS, 2011) were also called into question.

The petitioner also prayed for issuing directions to the Assam government to withdraw or recall the notifications, including the Cabinet decisions, which transgress upon the allotted subjects, and also not to interfere in the legislative and executive powers of the KAAC on the subjects allocated under the 6th Schedule of the Constitution of India and governed by the MOS, 2011.

The counsel appearing on behalf of the petitioner submitted that there are instances where some attempts are being made that appear to be transgressions over the rights of the KAAC.

As per the stand of the state government, the Memorandum of Settlement, 2011, arrived at between the state government, KAAC, and other stakeholders is to be honoured, and no attempt has been made till date to transgress over the rights of the KAAC on the allotted subjects, and in the future also, the state government is bound to honour the conditions laid down in the MOS.

The central government's counsel also assured the court that so far as the actions required to be taken by the Union of India in terms of the MOS are concerned, the process is going on and every possible step will be taken to abide by its terms and conditions.

In view of the submissions made on behalf of the two parties, the court offered the view that no further order is required to be passed in the PIL petition, and it was disposed of accordingly.

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