Illegal immigration, infiltration: Supreme Court agrees to examine Jharkhand government’s appeal against High Court order

The September order of the Jharkhand High Court was based on a Union Government affidavit which said “infiltration has been assessed to have taken place”

The Supreme Court of India on Monday (November 4, 2024) agreed to examine a petition filed by the Jharkhand Government against an interim order of the State High Court to constitute a fact-finding committee, which includes Central officers, to look into allegations of illegal immigration into the State from Bangladesh.

The September order of the High Court was based on a Union Government affidavit which said “infiltration has been assessed to have taken place”. The State Government has challenged the Union Government’s opinion, saying the conclusion was not backed by data.

A Bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah listed the case for hearing on Friday (November 8, 2024.) Justice Dhulia orally observed the State appeal presented a serious issue, and the Bench needed time to go through the files carefully.

Justice Amanullah, however, questioned the High Court’s intervention, noting that the State had independent powers under the law to tackle the problem, if any. Senior advocate Kapil Sibal and advocate Jayant Mohan, appearing for the State, sought a stay of the High Court order.

Mr. Sibal said Jharkhand was not a border State, but the court order has become a topic for speeches in the run-up to Assembly elections scheduled in November.

The senior lawyer asked whether the High Court order was based on any cogent data presented before it. “We seek a stay,” Mr. Sibal submitted.

The High Court order was based on a public interest petition filed by Danyaal Danish alleging widespread illegal immigration and infiltration into the six districts of Godda, Jamtara, Pakur, Dumka, Sahibganj and Deoghar.

The petitioner in the High Court had claimed that the demographic set up of Jharkhand, in particular the Santhal Pargana region was changing rapidly, showing a decrease in the tribal population.

The petition in the High Court had urged that the “interest of the State of Jharkhand, in particular the tribal community, would be jeopardised.” It had argued that the tribal population in the region had drastically come down from 44.67% in 1951 to 28.11% in 2011 while the Muslim population had seen a manifold rise from 9.44% of the total population in 1951 to 22.73% in 2011. The High Court had blamed the State for taking a “lackadaisical approach.

The State’s appeal in the apex court said the High Court order was based on population figures pertaining to the years 1961 and 2011 and did not represent the current status on the ground.

It said the formation of a fact-finding committee would amount to an “interference in the autonomy and power of the State Government to deal with the issue of illegal migration and infiltration which was found to be non-existent”.

The State also noted that the Supreme Court was already hearing a batch of petitions concerning illegal immigration from Bangladesh since 2017.

Published - November 04, 2024 04:53 pm IST