SHILLONG: Irked at the state government over its stand on the Inner Line Permit (ILP) passed by the Khasi Hills Autonomous District Council (KHADC), the CEM, HS Shylla, has decided to approach the judiciary.
Speaking to reporters on Thursday, he said the state government committed an error and he would move the High Court of Meghalaya or the Supreme Court.
He has already consulted SC lawyer BC Hansaria regarding the matter. It will be a case against the government which does not understand the functioning of the district council, he said adding it could in the form of a writ petition or contempt proceeding.
The CEM was annoyed, after a letter from the District Council Affairs (DCA) department, dated February 4, 2019, stated that the KHAD (As adapted from the Bengal Eastern Frontier Regulation, 1873) Regulation, 2018 passed by the district council on October 26, 2018 is outside the legislative competency of district councils as it does not fall within the purview of making powers as provided under the Sixth Schedule of the Constitution of India.
The letter also stated that the bill passed by the KHADC has been examined in consultation with Law department of the state government.
Shylla said the aim of ILP is to prevent settlement and said the issue is inter-state influx and criticised the Deputy Chief Minister, Prestone Tynsong, and UDP president, Donkupar Roy, for not taking the matter seriously.
“We have demanded for ILP even before the issue of Citizenship (Amendment) Bill, came up. Even if CAB is not implemented, we still need ILP in the state,” he said.
He asserted the DCA is interfering in the functioning of an autonomous body, which is the district council, and said it is an error of the state government to write a letter to it.
“We have nothing to do with the state government,” Shylla said adding that the DCA should have written to the Governor who in turn will write to the KHADC.
He went on to criticise the Law department as a “weak department”.
Shylla referred to the Brhyien Kurkalang case in which she challenged the validity of the United Khasi-Jaintia Hills Districts (Application of Laws) Regulation, 1952, wherein the SC clearly said, “Like every other piece of legislation, the regulation continues to operate and remains effective until it is either annulled or repealed under some legislative power.”
The Bengal Eastern Frontier Regulation, 1873, is one of the regulations included in the United Khasi-Jaintia Hills District (Application of Laws), Regulation, 1952, which is in force in the Khasi Hills Autonomous District.
There are many other laws other than the Bengal Eastern Frontier Regulation, 1873 included in the Schedule of the United Khasi-Jaintia Hills District (Application of Laws) Regulation, 1952.
