Kohima: The Gauhati High Court has upheld the Nagaland government's decision to extend the Inner Line Permit (ILP) regime to the districts of Dimapur, Chümoukedima, and Niuland. A Division Bench, led by Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury, dismissed three public interest litigations that had challenged the move.
Petitioners argued that the extension violated constitutional rights regarding movement and trade, claiming the colonial-era Bengal Eastern Frontier Regulation of 1873 was no longer a valid legal basis. They also contended that the state failed to provide sufficient justification for reversing the long-standing policy that had previously kept Dimapur outside the permit system to encourage economic growth.
The court rejected these arguments, affirming that the 1873 regulation remains a valid law under the Constitution. The judges noted that the permit system is a regulatory mechanism rather than an outright ban on entry. The court stated, “The impugned notifications derive authority from the Regulation and cannot be characterised as a mere executive fiat.”
Regarding concerns over historical ties with neighboring communities in Assam, the court maintained that judicial decisions must rely on current constitutional frameworks rather than claims of historical sovereignty. However, Nagaland Advocate General K N Balgopal provided assurance that residents from specific border districts would not be required to produce final NRC documents for permit applications, with alternative identification documents being accepted instead.
Ultimately, the court ruled the government acted within its authority, citing shifting demographic and security needs as valid reasons for the policy change. With the dismissal of the petitions, all previous interim orders related to the cases were vacated.
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