The Gauhati High Court has observed that the Court cannot go into an inter-State dispute, in view of Article 131 of the Constitution of India.
The Division Bench of Chief Justice Sudhanshu Dhulia and Justice Manash Ranjan Pathak made this observation on August 10, while hearing two PILs related to an unfortunate incident, in which six police personnel and one civilian were killed and many others were injured.
The incident took place on Assam-Mizoram border on July 26, 2021. It is alleged in the PILs that Mizoram Police fired at them, which resulted in these casualties. One of the PILs, filed by Mizoram Bar Association, alleged that the blockade which has been made by Assam on the Assam-Mizoram Border, is causing hardship to the people of Mizoram, whereas the other PIL demands investigation by an independent agency.
The Court was informed that an FIR has also been filed and the investigation is presently on.
Yesterday, D. Saikia, Advocate General of Assam and D. Das, Advocate General of Mizoram, were present in the High Court. Both of them made a statement before the Court that as on date, due to the efforts of both the Governments, things were moving towards normalcy and thus, the Advocate Generals of the respective States have requested that both the cases may be adjourned so that the matter may also be examined in the light of Article 131 of the Constitution of India.
The Court has also been informed that as of now there is no blockade, and goods are being carried by road from Assam to Mizoram and vice versa. However, at some places, Railway tracks have been damaged.
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The Court adjourned the matter till August 23, with clarification that the High Court cannot go into the inter-State dispute in view of Article 131.
“This Court may, however, look into the aspects of immediate law and order concern and other hardships, which may require our immediate attention, which do not relate to the dispute between the two States,” the order read.