A view of the Supreme Court of India. File | Photo credit: The Hindu

The Supreme Court of India agreed on Monday, November 4, 2024 to consider a petition filed by the Jharkhand The government is opposing an interim order by the state High Court to constitute an inquiry committee, comprising central officials, to look into allegations of illegal immigration into the state from Bangladesh.

The High Court’s September order was based on an affidavit from the Union government that “it was established that infiltration had taken place”. The state government disputed the Union government’s view, saying the conclusion was not supported by data.

Justices Sudhanshu Dhulia and Ahsanuddin Amanullah listed the matter for hearing on Friday, November 8, 2024. Justice Dhulia orally observed that the state’s appeal presented a serious problem and the bench needed time to carefully consider the records .

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

Mr. Sibal said Jharkhand was not a border state, but the court’s decision had become a talking point in the run-up to parliamentary elections scheduled for November.

The senior counsel asked whether the High Court’s order was based on cogent data presented before it. “We are asking for a reprieve,” submitted Mr. Sibal.

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

The petitioner before the High Court had contended that the demographic configuration of Jharkhandparticularly the Santhal Pargana region, was changing rapidly, showing a decline in the tribal population.

The petition filed in the High Court said “the interests of the State of Jharkhand, particularly the tribal community, would be compromised”. He argued that the tribal population in the region had declined significantly from 44.67% in 1951 to 28.11% in 2011, while the Muslim population had seen a sharp increase from 9.44% of the population. total population in 1951 to 22.73% in 2011. The Court had criticized the State for adopting a “lackadaisical approach”.

The state’s appeal to the Supreme Court said the High Court order was based on the population figures relating to the years 1961 and 2011 and did not represent the current situation on the ground.

He said the formation of a commission of inquiry would amount to “interference in the autonomy and power of the state government to deal with the issue of illegal migration and infiltration which has been found to be non-existent “.

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