SC adjourns hearing of pleas against denying Assam ILP

GUWAHATI: The Supreme Court on Monday has adjourned the hearing of the pleas of two Assam students’ unions challenging the presidential order amending the Bengal Eastern Frontier Regulation, (BEFR) 1873, to deny the state an inner-line permit (ILP) system. The next hearing will take place after four weeks.
The All Tai Ahom Students’ Union and Asom Jatiyatabadi Yuba Chatra Parishad — two influential organizations in Assam — had called the presidential order “unconstitutional”. The two unions have been fighting for ILP in Assam so that the state stays out of the purview of the Citizenship Amendment Act.
A bench of the Supreme court, headed by Chief Justice SA Bobde, adjourned the matter after Attorney General KK Venugopal sought more time stating that the Centre was having a comprehensive re-look at the law. “We want to hear this matter. Even in the Kashmir issue, the same point was involved. Please reconsider your decision. We were going to do that in the final hearing also,” CJI Bobde said.
Senior advocate Vikas Singh and advocate Kaushik Choudhury appeared for the All Tai Ahom Students’ Union. “The ILP is crucial for the state as the same can help it stay out of the purview of CAA. Important to note is that while the central government is yet to file an affidavit to support their stand of removing the name of Assam from the scope of inner line permit, the Assam state government has already filed an affidavit stating that Centre has rightly removed the name of the state,” Choudhury said.
The apex court had earlier issued a notice to the Centre and sought its response on the matter. The ILP regime is applicable under the BEFR, 1873. In terms of Section 2 of the BEFR, 1873, citizens of other states require ILP for visiting these states.
The plea states that the President passed the order for amendment under Article 372(2) of the Constitution, although as per Article 372 (3), he has the power to do so for only three years from the date of enactment of the Constitution, that is till 1953.
According to the plea filed by All Tai Ahom Students’ Union, the President, by exercising the power under Article 372 (2) of the Constitution, has removed Kamrup, Darrang, Nowgong, Sibsagar, Lakhimpur and Cachar, which forms almost the entire Assam, from the purview of BEFR, exactly one day prior to giving assent to the CAA. The Citizenship (Amendment) Bill was passed by the Rajya Sabha on December 11 and the President amended the BEFR on December 12, 2019.