SHILLONG, Dec 2: The High Court of Meghalaya has ruled that regulating the entry of Indian citizens through the implementation of Meghalaya Residents’ Safety and Security Act (MRSSA), 2016 may not be exercised.
A division bench of Chief Justice Sanjib Banerjee and Justice T Diengdoh observed that although the state referred to Article 19(5) of the Constitution, 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.
It does not appear that the rule-making authority under Section 20 of the impugned legislation has been invoked at all, the bench observed.
“The challenge here is to the validity of the Meghalaya Residents’ Safety and Security Act, 2016 and the possible draconian manner in which it may be implemented as appropriately apprehended by the petitioners,” the court order reads.
Earlier, a PIL was filed challenging the constitutional validity of entry-exit gates in the state.
The petitioners submitted that gates were set up at several points for checks to be conducted on persons seeking to enter the state. They 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.
The bench said since the counsel, representing the state, sought time to obtain instructions as to whether any rules may be put in place under the statute to provide cogent and reasonable grounds, “let the matter stand over for some time”.
“It is made clear that the apparent 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,” it ordered.
The matter has been listed on February 2 next year.
