NEW DELHI, Jan 31: In a further relief to the state government, a Supreme Court bench, headed by Chief Justice DY Chandrachud, has instructed the High Court of Meghalaya to defer the hearing on Assam-Meghalaya border memorandum of understanding (MoU) till the matter remains pending in the apex court.
The top court had earlier put a stay on the order of the High Court. The High Court had put an interim stay on the execution of the agreement signed between the two states on March 29 last year.
The interim order was passed by Justice HS Thangkhiew on a plea moved by tribal chiefs, who claimed the MoU violates provisions of the Sixth Schedule of the Constitution relating to ‘Administration of Tribal Areas’ in the northeastern states.
The MoU was signed by Chief Minister Conrad K Sangma and his Assam counterpart Himanta Biswa Sarma to resolve the boundary dispute in six of the 12 friction points. The counsel for the respondent requested the bench to substitute the High Court order with the status quo order.
The counsel said it has been a tribal area of Meghalaya since the 1960s and thus, the status of the place should not be changed. It is a 55-year-old status, but the moment it goes to Assam, the villagers will cease to be tribals, the counsel said.
He added that the residents are recognized under the Sixth Schedule of the Constitution.
The CJI said it was an agreement between two CMs. The bench said the High Court, acting on a writ petition by a citizen, stayed the operation of the agreement and now the apex court is hearing it.
The counsel said the bench ordered that the High Court should not hear the matter as “we are taking it up and there should be a stay on further proceedings before the High Court.”
The bench said the order for the special leave petition will be listed on a non-miscellaneous day in February.
The High Court was requested to defer the hearing of the writ petition during the pendency of the proceedings before the Supreme Court. Solicitor General of India Tushar Mehta appeared for the State of Meghalaya. It had approached the Supreme Court against the order of the High Court.
