The Gauhati High Court has closed the Public Interest Litigation filed against illegal migrants, seeking strict implementation of the deportation clauses of the Assam Accord, 1985 as the Supreme Court is considering a similar issue.

The Division Bench of Justice Michael Zothankhuma and Justice N Unni Krishnan Nair disposed of the PIL filed by the Assam Andolon Sangrami Mancha, cautioning about the "insignificant number of deportations and the continued stay of illegal migrants in the state of Assam."

The Petitioner was represented by Advocate P Pathak, while the Respondent was represented by Government Advocate S Biswas.

The Petitioner’s case was that the Government have failed to protect and promote the cultural, social and linguistic identity of the Assamese people or to safeguard the economic development of the state, for which the Assam Accord has to be implemented in right earnest.

The Petitioner had prayed for implementation of Clause 5.1, 5.2, 5.3, 5.4 & 5.5 of the Assam Accord. The 3rd prayer declaring the proposed bill for regularization of the foreigners of Hindu religion, who have migrated into India till 2016 as illegal null and void has apparently become infructuous, in view of the coming into force of the Citizenship Amendment Act, 2019.

"As the Supreme Court has apparently not decided the issues till today, which are also agitated in the present case, we are of the view that the present PIL should be closed awaiting the decision of the Supreme Court. Accordingly, we close the PIL awaiting the decision of the Hon’ble Supreme Court", the Court stated while disposing of the PIL.

Cause Title: Assam Andolon Sangrami Manch v. Union of India and 13 Others, 2025:GAU-AS:16613-DB

Appearances:

Petitioner- Advocates P Pathak, S N Krishnatraya and D Choudhury

Respondent- Government Advocate S Biswas, ASGI D Saikia, Advocate SC Biswas

Click here to read/ download Order

Gauhati High CourtJustice Michael ZothankhumaJustice N Unni Krishnan Nair

Sheetal Joon