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The Meghalaya High Court on Tuesday asked the State Government whether there were alternative means available instead of exercising setting up of "facilitation centres" under Meghalaya Resident Safety and Security Act (MRSSA), 2016.

The Meghalaya Residents’ Safety and Security Act (MRSSA) enacted in September 27, 2016 and its amended version of 2019 seeks to address the issue of influx by making everyone who wishes to enter Meghalaya go through set protocols of establishing their identity at facilitation centres set up at entry points to the State.

The Court has prima facie also observed that the prima facie it is evident that Meghalaya had legislative competency to enact the MRSSA, 2016 in exercise of powers conferred under the various constitutional provisions.

The bench of Chief Justice Biswanath Somadder and HS Thankhiew asked the State Government to elaborate and categorically spell out the purpose behind establishing such facilitation centres and also as to whether the State, as of date has has no other effective mechanism for weeding out “known” anti-social elements without impeding upon the fundamental rights of the residents.

Court wants an answer from the state on whether setting up of such protocols is the “only” be possible way to weed out the anti-social elements, i.e. to do so by creation of the facilitation centres under the relevant provisions of MRSSA, 2016.

The bench stated that from the State's averments, it is not evident enough that the purpose for establishing such facilitation centres under sections 17 & 18 of the Act is only for for verification of tenants and weeding out any “known” anti-social elements.

Court pointed out the averment is also not indicative of the fact that the State possessed other effective mechanisms for weeding out any “known” anti-social elements and/or wanted criminals and/or situation in the State of Meghalaya is such that it requires to create and/or establish a facilitation centre “only” for weeding out any “known” anti-social elements and/or wanted criminals."

The Court has directed State to file a fresh report in the form of an affidavit so as to spell out a clearer explanation on the manner in which the state wishes to use the protocols at entry points. The case will now be taken up after 15 days.

Case Title: Ibahunlang Nongkynrih & Ors. Vs. State of Meghalaya & Ors.

Access Copy of order Here