Meghalaya High Court stays restrictions on entry of citizens to state

The Meghalaya High Court has directed the State Government not to restrict the entry or movement of citizens (from other states) into or within the state, without indicating the parameters for such action.

A Division Bench comprising Chief Justice of Meghalaya High Court Justice Sanjib Banerjee and Justice W Diengdoh was hearing a Public Interest Litigation (PIL) filed by Ibahunlang Nongkynrih and others challenging the validity of Meghalaya Residents Safety and Security Act, 2016.

The law was enacted to “ensure enhanced security vetting of the tenants and to ensure the safety and security of the citizens of the State by preventing anti-social elements from gaining shelter in the State which might be detrimental to peace and tranquillity, to maintain public order and peace, to verify and regulate the tenants residing in rented houses in the State, to establish District Task Force and facilitation centres, to facilitate effective enforcement of various laws for safety and security of the citizens and for matters connected therewith”.

The petitioners pointed out that deriving powers from the Statute, the State government has set up gates at several points for checks to be conducted on persons seeking to enter Meghalaya.

It was further submitted that without any objective parameters being set down for denying entry or regulating the movement of any citizen of the country in the State, such check-posts may be impermissible and the exercise of authority thereat may be wholly arbitrary.