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Synopsis

The Supreme Court yesterday granted eight weeks to the Manipur government to respond to a plea challenging the system of Inner Line Permit (ILP) in the state.

A bench of justices Hrishikesh Roy and SVN Bhatti has granted time after a request was made on behalf of Manipur's counsel.

The Supreme Court in January 2022 had issued notice in a plea challenging the Inner Line Permit system in the State of Manipur imposed by way of Adaption of Laws (Amendment) Order, extending a hundred and forty years old colonial legislation, the Bengal Eastern Frontier Regulation, 1873.

The plea states that the legislation has been enacted by the Britishers to create its monopoly over the then newly set up tea plantation in Assam as well as to protect its commercial interests in the hill areas from Indians.

By virtue of the 2019 order, the Central Government amended the Adaption of Laws Order, 1950, in effect to make the inner line permit system by extending BEFR, 1873, application to the entire State of Arunachal Pradesh, Manipur, Mizoram, and area of districts of State of Nagaland.

Instant Public Interest Litigation filed by Amra Bangalee through Advocate Fuzail Ahmad Ayyubi states that the extension of the BEF Regulation to the State of Manipur by way of impugned 1950 order and the 2019 order is in violation of fundamental rights as they provide unbridled and unqualified power to the state for restricting the entry and exit of the non-indigenous persons or those who are not permanent residents of the State of Manipur.

It has submitted that "While the British rule had enacted the BEFR-1873 in order to create a monopoly over its interests and to prohibit Indians from engaging in trade with the tribal populace in the areas contained in the preamble of BEFR-1873, the said restrictions continued post independence as well, under the guise of protecting the interests of the tribal areas. It is pertinent to note that Section 7 of the BEFR 1973 made it unlawful for British Subjects or Indians, not being a native of the districts comprised in the preamble of the Regulation, to acquire any interest in land or the product of land beyond the said Inner Line" without the sanction of the State Government concerned."

The plea has sought for the impugned order to be declared as ultra-vires or quashing the Manipur Inner Line Permit Guidelines notified on December 31, 2019.

Case Title: Amra Bangalee Vs. Union of India and Ors.