On Thursday, the Gauhati High Court dismissed the Public Interest Litigation (PIL) that sought directives to prevent the State of Assam and its departments from encroaching upon subjects allocated to the Karbi Anglong Autonomous Council (KAAC) under the 6th Schedule of the Indian Constitution and governed by the 2011 Memorandum of Settlement.

The dismissal was based on the State Government's assurance that it will adhere to the conditions set forth in the Settlement.

The division bench, comprising Chief Justice Vijay Bishnoi and Justice Kardak Ete, was reviewing a Public Interest Litigation (PIL) that requested directives for the State of Assam and its departments to retract notifications and Cabinet decisions encroaching upon the subjects allocated to the Karbi Anglong Autonomous Council (KAAC). The PIL sought to prevent interference in the KAAC's legislative and executive powers over these subjects.

The petitioner presented multiple instances to illustrate the alleged encroachment and overreach by the State of Assam and its departments, affecting both the legislative and executive functions of the Karbi Anglong Autonomous Council (KAAC) concerning the subjects allocated to it.

In response to the plea, the State Government clarified that it is not encroaching upon the legislative or executive powers of the Karbi Anglong Autonomous Council (KAAC) concerning the allotted subjects.

The counsel for the petitioner acknowledged that while the State Government's reply generally denies encroaching upon the functions of the Karbi Anglong Autonomous Council (KAAC) concerning the allotted subjects, there are specific instances where attempts by the State Government seem to infringe upon the rights of the KAAC.

Conversely, the counsel for the State Government argued that the Memorandum of Settlement, 2011 (MoS) between the State Government, Karbi Anglong Autonomous Council (KAAC), and other stakeholders must be upheld. The counsel emphasized that the State Government has not, to date, attempted to infringe upon the KAAC’s rights regarding the allotted subjects and affirmed its commitment to honor the MoS in both letter and spirit moving forward.

The counsel for the Union of India also assured that the actions required from the Central Government under the Memorandum of Settlement (MoS) are progressing. The Union Government committed to taking all necessary steps to adhere to the terms and conditions of the MoS.

“In view of the above submissions made on behalf of the learned counsel for the parties, we are of the view that no further order is required to be passed in this PIL petition and the same is, therefore, disposed of accordingly,” the Court said.

Case Title: Rensing Bey v. The State of Assam & 3 Ors.

Case No.: PIL/70/2022