NEW DELHI: The Supreme Court on Friday lifted the stay that was ordered by Meghalaya High Court on execution of Meghalaya-Assam border pact, which was entered into by the chief ministers of the states pursuant to filing an agreement on March 29, 2022.The pact was signed by Meghalaya CM Conrad Sangma and his Assam counterpart Himanta Biswa Sarma for demarcating the border in at least six of the 12 contested locations between the two states.
Terming the HC order, which was passed without furnishing reasons as “unwarranted”, a bench of CJI DY Chandrachud, and Justices PS Narasimha and JB Pardiwala said, “It appears that single judge hasn’t furnished reasons for granting interim order. MoU between CM would require any further parliament is a distinct issue. An interim order staying effectively the MoU without any reasons was unwarranted.”
The bench had agreed to take up the plea pursuant to the mentioning made by Solicitor General Tushar Mehta for the Meghalaya government.
The Meghalaya HC on December 8, 2022 ordered interim stay till the next date of hearing on February 6, 2023, on a petition filed by four ‘traditional chiefs’ of Meghalaya. The judge said, “It is understood that during the intervening period, no physical demarcation or erection of boundary posts on the ground, pursuant to the MoU dated 29.03.2022 shall be carried out, till the next date.”
The counsel for Assam said the HC order was passed “ex parte”. For the respondents who were petitioners before the HC, the counsel argued that the MOU didn’t have concurrence of Parliament under Article 3.
“Division bench order was passed with consent. Tribal land is being converted into non-tribal land. There are attacks on villager by police of Assam for demarcating the boundary,” he had said.